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European Communities L-2925 Luxembourg |
PROTOCOL 2 ANNEXED TO THE LUGANO CONVENTION |
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Library, Research and Documentation |
Recent case-law relating to the Brussels and Lugano Conventions on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters |
Brussels Convention Regulation (EC) No 44/2001 Reference for a preliminary ruling |
| Court | : | Hoge Raad |
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| Date | : | 20.06.2008 |
| Parties | : | German Graphics Graphische Maschinen GmbH v Alice van der Schee |
| Publication | : | Nederlandse jurisprudentie;
Uitspraken in burgerlijke en strafzaken 2008 No 354 |
| Keywords | : |
Reference for a preliminary ruling |
| E-01.02 | Brussels Convention – Scope – Judgments
referred to in Article 25(2) of Regulation No 1346/2000 – Included – Request for
interpretation |
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| E-01.02 | Council Regulation No 44/2001 – Scope –
Matters excluded – Bankruptcy, proceedings relating to the winding-up of
insolvent companies or other legal persons, judicial arrangements, compositions
and analogous proceedings – Meaning – Proceedings initiated by a seller seeking
to obtain protective measures in respect of an asset to which a reservation of
title applies, which was sold to a buyer against whom insolvency proceedings
were opened in the same State as that in which the asset is situated – Included,
particularly in the light of Article 7(1) of Council Regulation No 1346/2000
(Question 2) – Law applicable to the insolvency proceedings and to its effects –
Law of the State in which the proceedings were opened – Determination of assets
belonging to the estate – Repercussions on the answer to Question 2 (Question 3)
– Request for interpretation |
| Annexes | : |
Notice in the Official
Journal of the EU (in French and
in English)
(PDF) Notice in the Official Journal of the EU (in French and in English) (HTML) Order for reference in original language (Dutch) (PDF) |
