Case number and/or case name
LG Flensburg, 25.11.2009 – 6 O 10/09
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 2
SubParagraph b
Date of the judgement
24 November 2009
CJEU's case law cited by the court
Summary
The plaintiff brought an action for restitution because of a right of recovery from insolvency proceedings.
The court had to consider whether this action for restitution fell within the meaning of Art. 1 (2) (b) Brussels I. The court held that a claim resulting from an insolvency contestation pursuant to §§ 135 (1) no. 2, 143 InsO (Insolvenzordnung, German Insolvency Code) didn’t fall within the scope of application of Brussels I but was excluded from it pursuant to Art. 1 (2) (b) Brussels I.
The judgment is in accordance with the cited CJEU judgment Seagon (C-339/09) where the CJEU stated that Art. 3 of the Insolvency Regulation included the claims that are annex procedures resulting from insolvency proceedings.