CELEX: 62017CA0296
Language: en
Date: 2018-11-14 00:00:00
Title: Case C-296/17: Judgment of the Court (Fourth Chamber) of 14 November 2018 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — Wiemer & Trachte GmbH, in liquidation v Zhan Oved Tadzher (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 3(1) — International jurisdiction — Action to set a transaction aside — Exclusive jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened)

14.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/14
            
         
      Judgment of the Court (Fourth Chamber) of 14 November 2018 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — Wiemer & Trachte GmbH, in liquidation v Zhan Oved Tadzher
      (Case C-296/17) (1)
      
      ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Article 3(1) - International jurisdiction - Action to set a transaction aside - Exclusive jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened))
      (2019/C 16/16)
      Language of the case: Bulgarian
      
         Referring court
      
      Varhoven kasatsionen sad (Bulgaria)
      
         Parties to the main proceedings
      
      
         Appellant in cassation: Wiemer & Trachte GmbH, in liquidation
      
         Respondent in cassation: Zhan Oved Tadzher
      
         Operative part of the judgment
      
      Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened to hear and determine an action to set a transaction aside by virtue of the debtor’s insolvency which has been brought against a defendant whose registered office or habitual residence is in another Member State is exclusive.
      
         (1)  OJ C 256, 7.8.2017.