CELEX: 62012CA0186
Language: en
Date: 2013-06-20 00:00:00
Title: Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/32
            
         Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez
   (Case C-186/12) (1)
   
   (Freedom of establishment - Restrictions - Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries - Exclusion of parent companies having their seat in another Member State - No restriction)
   2013/C 225/53
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal Judicial de Braga
   
      Parties to the main proceedings
   
   
      Applicant: Impacto Azul Lda
   
      Defendants: BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez
   
      Re:
   
   Request for a preliminary ruling — Tribunal Judicial de Braga — Interpretation of Article 49 TFEU — Restrictions on freedom of establishment — National rules excluding the joint and several liability of parent companies vis-à-vis the creditors of their subsidiary companies for those parent companies having their seat in another Member State
   
      Operative part of the judgment
   
   Article 49 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which excludes the application of the principle of the joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries to parent companies having their seat in the territory of another Member State.
   
      (1)  OJ C 217, 21.7.2012.