CELEX: 62017CA0337
Language: en
Date: 2018-10-04 00:00:00
Title: Case C-337/17: Judgment of the Court (Second Chamber) of 4 October 2018 (request for a preliminary ruling from the Sąd Okręgowy w Szczecinie — Poland) — Feniks Sp. z o.o. v Azteca Products & Services SL (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Special jurisdiction — Article 7(1)(a) — Concept of ‘matters relating to a contract’ — Actio pauliana)

3.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 436/11
            
         
      Judgment of the Court (Second Chamber) of 4 October 2018 (request for a preliminary ruling from the Sąd Okręgowy w Szczecinie — Poland) — Feniks Sp. z o.o. v Azteca Products & Services SL
      (Case C-337/17) (1)
      
      ((Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 1215/2012 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Special jurisdiction - Article 7(1)(a) - Concept of ‘matters relating to a contract’ - Actio pauliana))
      (2018/C 436/12)
      Language of the case: Polish
      
         Referring court
      
      Sąd Okręgowy w Szczecinie
      
         Parties to the main proceedings
      
      
         Applicant: Feniks Sp. z o.o.
      
         Defendant: Azteca Products & Services SL
      
         Operative part of the judgment
      
      In a situation such as that at issue in the main proceedings, an actio pauliana, whereby the person entitled to a debt arising under a contract requests that an act by which his debtor has transferred an asset to a third party and which is allegedly detrimental to his rights be declared ineffective in relation to the creditor, is covered by the rule of international jurisdiction provided for in Article 7(1)(a) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
      
         (1)  OJ C 300, 11.9.2017.