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Document 62013CN0557
Case C-557/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
Case C-557/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
Case C-557/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
OJ C 15, 18.1.2014, p. 9–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
18.1.2014 |
EN |
Official Journal of the European Union |
C 15/9 |
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 October 2013 — Hermann Lutz v Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
(Case C-557/13)
2014/C 15/12
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Defendant and appellant: Hermann Lutz
Applicant and respondent: Elke Bäuerle as administrator in the insolvency proceedings concerning the assets of ECZ Autohandel GmbH
Questions referred
1. |
Is Article 13 of Council Regulation (EC) No 1436/2000 (1) of 29 May 2000 on insolvency proceedings, [the Insolvency Regulation]) applicable if the payment challenged by the insolvency administrator of a sum attached before the opening of the insolvency proceedings was made only after the opening of the proceedings? |
2. |
If the reply to the first question is in the affirmative: does the defence under Article 13 of the Insolvency Regulation also apply to limitation periods or other time-bars relating to actions to set aside transactions under the law which governs the dispute concerning the contested legal transaction (lex causae)? |
3. |
If the reply to the second question is in the affirmative: are the relevant procedural requirements for asserting a claim for the purpose of Article 13 of the Insolvency Regulation also to be determined according to the lex causae or by the lex fori concursus? |