Tribunal de Justicia de la Unión Europea
In Case C-341/04 ORDER OF THE PRESIDENT OF THE COURT15 September 2004 (1)
Fecha: 15-Sep-2004
- 1 The reference for a preliminary ruling concerns the interpretation of Articles 1, 2, 3, 16 and 17 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ2000 L 160, p. 1).
- 2 The reference was made in the course of a dispute between Mr Bondi, on the one hand, and the Bank of America NA, Mr Farrell, the Director of Corporate Enforcement and the holders of notes issued by Eurofoods IFSC Limited (‘Eurofoods’), on the other, relating to the recognition in Ireland of a decision made by an Italian court appointing an extraordinary administrator in connection with the insolvency of the Parmalat Group.
- 3 According to the order for reference, on 24 December 2003, pursuant to Decree Law No 347 of 23 December 2003 on urgent measures for the industrial restructuring of large insolvent undertakings (Guri No 298 of 24 December 2003), the Italian Minister for Production Activities admitted Parmalat SpA to extraordinary administration proceedings and appointed Mr Bondi as extraordinary administrator of that company.
- 4 On 27 January 2004 the Bank of America NA requested the High Court (Ireland) to open insolvency proceedings in respect of Eurofoods, a company incorporated and registered in Ireland, which is a subsidiary of Parmalat SpA. Upon presentation of that application, the High Court appointed Mr Farrell as provisional liquidator.
- 5 On 20 February 2004 the District Court in Parma (Italy) decided to open insolvency proceedings concerning Eurofoods and appointed Mr Bondi as extraordinary administrator.
- 6 On 23 March 2004 the High Court held that the insolvency proceedings in respect of Eurofoods had been opened on 27 January 2004, refused to recognise the decision of the Parma District Court, and confirmed Mr Farrell as liquidator.
- 7 Following an appeal by Mr Bondi, the Supreme Court considered that it was necessary, before giving its ruling, to refer five questions to the Court of Justice for a preliminary ruling.
- 8 By separate letter of 5 August 2004, the Supreme Court requested the Court of Justice to apply the accelerated procedure provided for in the first paragraph of Article 104a of the Rules of Procedure.
- 9 According to that provision, at the request of the national court, the President of the Court of Justice may exceptionally decide, on a proposal from the Judge-Rapporteur and after hearing the Advocate General, to apply an accelerated procedure derogating from the provisions of the Rules of Procedure, where the circumstances referred to establish that a ruling on the question put to the Court is a matter of exceptional urgency.
- 10 In the present case, the national court observes that the appointment of a liquidator by an Irish court, on the one hand, and that of an extraordinary administrator by an Italian court, on the other, will render it impossible, in practice, to administer the assets of the insolvent company and that this will be to the detriment of the creditors.
- 11 In that regard, the Court notes that the aim of the regulation which it is requested to interpret is in particular to establish rules governing jurisdiction over the opening of insolvency proceedings with cross-border effects and rules for the recognition of decisions made by the courts of the Member States relating to the opening of such proceedings. It is therefore apparent that a conflict between the courts of two Member States which consider themselves to have jurisdiction to open insolvency proceedings, such as the conflict in the main proceeding, is within the scope of the essential subject matter of the regulation.
- 12 On the other hand, the economic interests to which the national court refers, although significant and legitimate, are not of such a nature as to establish the existence of exceptional urgency within the meaning of the first paragraph of Article 104a of the Rules of Procedure.
- 13 Consequently, the circumstances referred to do not establish that a ruling on the questions referred to the Court is a matter of exceptional urgency.
ORDER OF THE PRESIDENT OF THE COURT
15 September 2004 (1)
(Accelerated procedure)
In Case C-341/04,
REFERENCE for a preliminary ruling under Article 234 EC
from the Supreme Court (Ireland), made by decision of 27 July 2004, received at the Court on 9 August 2004, in the proceedings
Enrico Bondi
v
Bank of America N.A.
and
Pearse Farrell, Official Liquidator
and
Director of Corporate Enforcement
and
Certificate/Note holders,
THE PRESIDENT OF THE COURT,
having regard to the proposal from Judge Jann, Judge-Rapporteur,
after hearing Advocate General Jacobs,
makes the following
Order
On those grounds, the President of the Court hereby orders:
The request for the application of the accelerated procedure to Case C-341/04 in accordance with the first paragraph of Article 104a of the Rules of Procedure is rejected.
Signatures.
- 1 –
- Language of the case: English.