CELEX: 62013CN0557
Language: en
Date: 2013-10-29 00:00:00
Title: Case C-557/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH

18.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 15/9
            
         Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
   (Case C-557/13)
   2014/C 15/12
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Defendant and appellant: Hermann Lutz
   
      Applicant and respondent: Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
   
      Questions referred
   
   
               1.
            
            
               Is Article 13 of Council Regulation (EC) No 1436/2000 (1) of 29 May 2000 on insolvency proceedings, [the Insolvency Regulation]) applicable if the payment challenged by the insolvency administrator of a sum attached before the opening of the insolvency proceedings was made only after the opening of the proceedings?
            
         
               2.
            
            
               If the reply to the first question is in the affirmative: does the defence under Article 13 of the Insolvency Regulation also apply to limitation periods or other time-bars relating to actions to set aside transactions under the law which governs the dispute concerning the contested legal transaction (lex causae)?
            
         
               3.
            
            
               If the reply to the second question is in the affirmative: are the relevant procedural requirements for asserting a claim for the purpose of Article 13 of the Insolvency Regulation also to be determined according to the lex causae or by the lex fori concursus?
            
         
      (1)  OJ 2000 L 160, p. 1