CELEX: 62010CA0112
Language: en
Date: 2011-11-17 00:00:00
Title: Case C-112/10: Judgment of the Court (First Chamber) of 17 November 2011 (reference for a preliminary ruling from the Hof van Cassatie, Belgium) — Procureur-generaal bij het Hof van Beroep te Antwerpen v Zaza Retail BV (Regulation (EC) No 1346/2000 — Insolvency proceedings — Opening of territorial insolvency proceedings — Conditions laid down by the applicable national law preventing the opening of main insolvency proceedings — Creditor empowered to request the opening of territorial insolvency proceedings)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/7
            
         
      Judgment of the Court (First Chamber) of 17 November 2011 (reference for a preliminary ruling from the Hof van Cassatie, Belgium) — Procureur-generaal bij het Hof van Beroep te Antwerpen v Zaza Retail BV
      (Case C-112/10) (1)
      
      (Regulation (EC) No 1346/2000 - Insolvency proceedings - Opening of territorial insolvency proceedings - Conditions laid down by the applicable national law preventing the opening of main insolvency proceedings - Creditor empowered to request the opening of territorial insolvency proceedings)
      (2012/C 25/11)
      Language of the case: Dutch
      
         Referring court
      
      Hof van Cassatie van België
      
         Parties to the main proceedings
      
      
         Applicant: Procureur-generaal bij het Hof van Beroep te Antwerpen
      
         Defendant: Zaza Retail BV
      
         Re:
      
      Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 3(4)(a) and (b) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — International jurisdiction to open insolvency proceedings — Jurisdiction of the courts of the Member State in which the debtor does not have the centre of its main interests but in which it does have one of its establishments — Concepts of ‘conditions laid down’ and of ‘creditor’.
      
         Operative part of the judgment
      
      
                  1.
               
               
                  The expression ‘conditions laid down’ in Article 3(4)(a) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, which refers to conditions, which, under the law of the Member State where the debtor has the centre of its main interests, prevent the opening of main insolvency proceedings in that State, must be interpreted as not referring to conditions excluding particular persons from the category of persons empowered to request the opening of such proceedings.
               
            
                  2.
               
               
                  The term ‘creditor’ in Article 3(4)(b) of the Regulation, which is used to designate the persons empowered to request the opening of territorial insolvency proceedings, must be interpreted as not including an authority of a Member State whose task under the national law of that State is to act in the public interest, but which does not intervene as a creditor, or in the name or on behalf of those creditors.
               
            
         (1)  OJ C 113, 1.5.2010.