The Business Law Reports
[2013] Bus LR 232
Court of Justice of the European Union
F-Tex SIA
v
Lietuvos-Anglijos UAB “Jadecloud-Vilma”
(Case C-213/10)
2012 April 19
President of Chamber A Tizzano, Judges M Safjan, M Ilešič, E Levits, M Berger, Advocate General V Trstenjak
Conflict of laws— Jurisdiction under Regulation— Insolvency— Insolvency proceedings in respect of company opened in first member state— Liquidator assigning company’s claims against third parties to claimant— Claims assigned including claim to set aside transfer of money made by company to defendant— Defendant registered in second member state— Courts of member state where debtor company’s main interests situated having jurisdiction to open insolvency proceedings— Judgments given by them deriving directly from and closely linked to insolvency proceedings recognised and enforceable— Courts of member states where defendant domiciled having jurisdiction in civil and commercial matters not including insolvency— Whether assigned claim to set aside transaction “deriving directly from” and “closely linked with” insolvency proceedings— Whether claimant’s action to set aside transaction within concept of “civil and commercial matters”—
Council Regulation (EC) No 1346/2000, arts 3(1), 25
—
Council Regulation (EC) No 44/2001, art 1
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