The plaintiff is an insolvency administrator administrating a German company. The defendant is a Dutch company. The plaintiff is suing for payment.
The question before the court was whether the proceeding was an annex proceeding of the insolvency under the Insolvency Regulation or a normal civil proceeding under the Brussels I regulation and therefore whether German or Dutch courts are competent.
The court decided the claim does not fall under an annex competence regarding the Insolvency Regulation but constitutes a civil or commercial matter under the Brussels I regulation. Therefore, the Dutch courts were competent according to a choice of forum clause under Art. 23 Brussels I.