Case number and/or case name
LG Karlsruhe, 3.1.2014 – 14 O 94/13 KfH III
Summary
Subject matter of the proceedings between the parties was a negative declaratory action concerning bankruptcy. It was doubtful whether the action was excluded from the regulation’s scope of application pursuant to Art. 1 (2) (b) Brussels I. The German purchaser claimed to declare that he had no obligations regarding a transaction with the Belgian company. This transaction has taken place before the opening of bank-ruptcy.
The court held that the Brussels I Regulation applied to the case. The exception of Art. 1 (2) (b) Brussels I wasn’t given. The single process involving the claimant didn’t result directly from bankruptcy proceedings and didn’t stay within the frame of such proceedings.
The judgment is correct. It is generally accepted that Brussels I should be interpreted extensively and the Insolvency Regu-lation on the other hand has to be interpreted restrictively. This was stated by the CJEU in C-292/08 (paragraph 23, 25). The claimant’s action in the present case doesn’t concern the inner circle of issues closely connected to the company’s in-solvency. The claimed declaration concerns a transaction which has taken place before the opening of bankruptcy. The requirements for an assumption of the Insolvency Regulation’s scope of application stated by the CJEU (C-133/78) - the action must derive directly from the bankruptcy or winding-up and has to be closely connected with the proceedings – aren’t given in the present case.