CELEX: 62012CN0328
Language: en
Date: 2012-07-11 00:00:00
Title: Case C-328/12: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 July 2012 — Ralph Schmidt (in his capacity as liquidator in respect of the assets of Aletta Zimmerman) v Lilly Hertel

6.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/14
            
         Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 July 2012 — Ralph Schmidt (in his capacity as liquidator in respect of the assets of Aletta Zimmerman) v Lilly Hertel
   (Case C-328/12)
   2012/C 303/26
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Ralph Schmidt (in his capacity as liquidator in respect of the assets of Aletta Zimmerman)
   
      Defendant: Lilly Hertel
   
      Question referred
   
   The following question regarding the interpretation of Article 3(1) of Council Regulation (EC) No 1346/2000 on insolvency proceedings (1) is to be referred to the Court of Justice of the European Union for a preliminary ruling:
   Do the courts of the Member State within the territory of which insolvency proceedings regarding the debtor’s assets have been opened have jurisdiction to decide an action to set a transaction aside by virtue of insolvency that is brought against a person whose place of residence or registered office is not within the territory of a Member State?
   
      (1)  OJ 2000 L 160, p. 1.