EUPillar BGH, 21.6.2007

Summary

The parties argued on claims in an insolvency proceeding. The scope of application of the Brussels I Regulation had to be defined in the light of the Insolvency Regulation. The lower instance courts denied the international jurisdiction of German courts. The Federal Court of Justice made a preliminary reference to the CJEU regarding the questions: Do the courts of the Member State within the territory of which insolvency proceedings regarding the debtor’s assets have been opened have international jurisdiction under Regulation [No 1346/2000] in respect of an action in the context of the insolvency to set a transaction aside that is brought against a person whose registered office is in another Member State? If the first question is to be answered in the negative: Does an action in the context of the insolvency to set a transaction aside fall within Article 1(2)(b) Brussels I? The CJEU answered the questions in 2009 (C-339/07): Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the courts of the Member State within the territory of which insolvency proceedings have been opened have jurisdiction to decide an action to set a transaction aside by virtue of insolvency that is brought against a person whose registered office is in another Member State. Therefore, the CJEU affirmed the international jurisdiction of German courts according to the Insolvency Regulation. The following courts according to this jurisdiction have assumed their jurisdiction pursuant to Art. 3 (1) Insolvency Regulation.