CELEX: 62019CA0253
Language: en
Date: 2020-07-16 00:00:00
Title: Case C-253/19: Judgment of the Court (Ninth Chamber) of 16 July 2020 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — MH, NI v OJ, Novo Banco SA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (UE) 2015/848 — Article 3 — International jurisdiction — Centre of a debtor’s main interests — Individual not exercising an independent business or professional activity — Rebuttable presumption that the centre of that person’s main interests is his or her habitual residence — Rebuttal of the presumption — Situation in which the debtor’s sole immovable asset is located outside the Member State of habitual residence)

7.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/16
            
         
      Judgment of the Court (Ninth Chamber) of 16 July 2020 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — MH, NI v OJ, Novo Banco SA
      (Case C-253/19) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Insolvency proceedings - Regulation (UE) 2015/848 - Article 3 - International jurisdiction - Centre of a debtor’s main interests - Individual not exercising an independent business or professional activity - Rebuttable presumption that the centre of that person’s main interests is his or her habitual residence - Rebuttal of the presumption - Situation in which the debtor’s sole immovable asset is located outside the Member State of habitual residence)
      (2020/C 297/21)
      Language of the case: Portuguese
      
         Referring court
      
      Tribunal da Relação de Guimarães
      
         Parties to the main proceedings
      
      
         Applicants: MH, NI
      
         Defendants: OJ, Novo Banco SA
      
         Operative part of the judgment
      
      The first and fourth subparagraphs of Article 3(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings must be interpreted as meaning that the presumption established in that provision for determining international jurisdiction for the purposes of opening insolvency proceedings, according to which the centre of the main interests of an individual not exercising an independent business or professional activity is his or her habitual residence, is not rebutted solely because the only immovable property of that person is located outside the Member State of habitual residence.
      
         (1)  OJ C 206, 17.6.2019.