CELEX: 62007CA0339
Language: en
Date: 2009-02-12 00:00:00
Title: Case C-339/07: Judgment of the Court (First Chamber) of 12 February 2009 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH v Deko Marty Belgium NV (Judicial cooperation in civil matters — Insolvency proceedings — Court with jurisdiction)

4.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/4
            
         Judgment of the Court (First Chamber) of 12 February 2009 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH v Deko Marty Belgium NV
   (Case C-339/07) (1)
   
   (Judicial cooperation in civil matters - Insolvency proceedings - Court with jurisdiction)
   (2009/C 82/07)
   Language of the case: German
   Referring court
   Bundesgerichtshof
   Parties to the main proceedings
   
      Applicant: Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH
   
      Defendant: Deko Marty Belgium NV
   Re:
   Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) and Article 1(2)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction of the court of the Member State within the territory of which the centre of a debtor's main interests is situated in respect of judgments deriving directly from the insolvency proceedings and which are closely linked with them — Action (Insolvenzanfechtungsklage) for reimbursement of a payment by the debtor to a company whose registered office is in another Member State
   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 courts of the Member State within the territory of which insolvency proceedings have been opened have jurisdiction to decide an action to set a transaction aside by virtue of insolvency that is brought against a person whose registered office is in another Member State.
   
      (1)  OJ C 269, 10.11.2007.