CELEX: 62008CB0497
Language: en
Date: 2010-01-12 00:00:00
Title: Case C-497/08: Order of the Court (Third Chamber) of 12 January 2010 (Reference for a preliminary ruling from the Amtsgericht Charlottenburg — Germany) — Amiraike Berlin GmbH (Non-contentious proceedings — Appointment of the liquidator of a company — Lack of jurisdiction of the Court)

13.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/19
            
         Order of the Court (Third Chamber) of 12 January 2010 (Reference for a preliminary ruling from the Amtsgericht Charlottenburg — Germany) — Amiraike Berlin GmbH
   (Case C-497/08) (1)
   
   (Non-contentious proceedings - Appointment of the liquidator of a company - Lack of jurisdiction of the Court)
   2010/C 63/29
   Language of the case: German
   
      Referring court
   
   Amtsgericht Charlottenburg
   
      Parties to the main proceedings
   
   
      Applicant: Amiraike Berlin GmbH
   
      Re:
   
   Reference for a preliminary ruling — Amtsgericht Charlottenburg — Interpretation of Arts 10, 43 and 48 of the EC Treaty — Recognition by a Member State of an expropriatory measure concerning assets situated in its territory, ordered by the legal system of another Member State — Removal of a limited liability company under United Kingdom law from the register at Companies House for failure to fulfil publicity obligations, resulting in the forfeiture of its assets, including real estate situated in Germany, to the United Kingdom crown.
   
      Operative part
   
   The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Amtsgericht Charlottenburg in its decision of 7 November 2008.
   
      (1)  OJ C 113, 16.5.2009.