Case C-1/04
Susanne Staubitz-Schreiber
(Reference for a preliminary ruling from the Bundesgerichtshof)
(Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No1346/2000 – Temporal application – Court having jurisdiction)
Summary of the Judgment
1.Judicial cooperation in civil matters – Insolvency proceedings – Regulation No1346/2000
(Council Regulation No 1346/2000, Art. 43)
2.Judicial cooperation in civil matters – Insolvency proceedings – Regulation No1346/2000
(Council Regulation No 1346/2000, Art. 3(1))
1.The first sentence of Article 43 of Regulation No1346/2000 on insolvency proceedings must be interpreted as applying if no judgment opening insolvency proceedings has been delivered before its entry into force on 31 May 2002, even if the request to open proceedings was lodged prior to that date.
(see para. 21)
2.Article 3(1) of Regulation No1346/2000 on insolvency proceedings must be interpreted as meaning that the court of the Member State within the territory of which the centre of the debtor’s main interests is situated at the time when the debtor lodges the request to open insolvency proceedings retains jurisdiction to open those proceedings if the debtor moves the centre of his main interests to the territory of another Member State after lodging the request but before the proceedings are opened.
(see para. 29, operative part)