Source: All England Reporter
Publisher Citation: [2010] All ER (D) 17 (Feb)
Court: Court of Justice of the European Union (First Chamber)
Judge:

Judges Tizzano (President of Chamber, acting for the President of the First Chamber), Levits, Borg Barthet, Ilesic and Kasel (Rapporteur)
Judgment Dates: 21 January 2010

Catchwords

European Union - Civil and commercial matters - Judicial cooperation in civil matters - Insolvency proceedings - Refusal of recognition by member state of judgment opening insolvency proceedings handed down by competent court of another member state and of judgments concerning course and closure of those insolvency proceedings - Whether competent authorities of another member state permitted to order attachment of assets of debtor who had been declared insolvent and situated in another member state - Whether competent authorities permitted to refuse to recognise and to enforce judgments concerning course and closure of insolvency proceedings opened in first member state - Council Regulation (EC) 1346/2000, arts 3, 4, 16, 17, 25.

The Case

European Union Civil and commercial matters. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of certain provisions of Council Regulation (EC) 1346-2000 (on insolvency proceedings) in the course of proceedings initiated by a Polish liquidator entrusted with the winding up of MG Probud Gdynia sp z o o that were intended to recover, for inclusion in the pool of assets of the insolvent company, company assets in respect of which an attachment order had been made in Germany.

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