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Document 62020CN0498
Case C-498/20: Request for a preliminary ruling from the Rechtbank Midden-Nederland (Netherlands) lodged on 29 September 2020 — ZK, in his capacity as successor to JM, liquidator in the bankruptcy of BMA Nederland BV v BMA Braunschweigische Maschinenbauanstalt AG and Stichting Belangbehartiging Crediteuren BMA Nederland
Case C-498/20: Request for a preliminary ruling from the Rechtbank Midden-Nederland (Netherlands) lodged on 29 September 2020 — ZK, in his capacity as successor to JM, liquidator in the bankruptcy of BMA Nederland BV v BMA Braunschweigische Maschinenbauanstalt AG and Stichting Belangbehartiging Crediteuren BMA Nederland
Case C-498/20: Request for a preliminary ruling from the Rechtbank Midden-Nederland (Netherlands) lodged on 29 September 2020 — ZK, in his capacity as successor to JM, liquidator in the bankruptcy of BMA Nederland BV v BMA Braunschweigische Maschinenbauanstalt AG and Stichting Belangbehartiging Crediteuren BMA Nederland
OJ C 443, 21.12.2020, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.12.2020 |
EN |
Official Journal of the European Union |
C 443/13 |
Request for a preliminary ruling from the Rechtbank Midden-Nederland (Netherlands) lodged on 29 September 2020 — ZK, in his capacity as successor to JM, liquidator in the bankruptcy of BMA Nederland BV v BMA Braunschweigische Maschinenbauanstalt AG and Stichting Belangbehartiging Crediteuren BMA Nederland
(Case C-498/20)
(2020/C 443/14)
Language of the case: Dutch
Referring court
Rechtbank Midden-Nederland
Parties to the main proceedings
Applicant: ZK, in his capacity as successor to JM, liquidator in the bankruptcy of BMA Nederland BV
Defendant: BMA Braunschweigische Maschinenbauanstalt AG
Intervener: Stichting Belangbehartiging Crediteuren BMA Nederland
Questions referred
1. |
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2. |
Would the answer to Question 1 be different in the case of a claim made by a foundation which has as its purpose the protection of the collective interests of creditors who have suffered damage as referred to in Question 1? Such a collective claim implies that the proceedings would not determine (a) the domiciles of the creditors in question, (b) the particular circumstances giving rise to the claims of the individual creditors against the company and (c) whether a duty of care as referred to above exists in respect of the individual creditors and whether it has been breached. |
3. |
Must Article 8, point 2, of Brussels Regulation Ia be interpreted as meaning that, if the court seised of the original proceedings reverses its decision that it has jurisdiction in respect of those proceedings, such a reversal also automatically excludes its jurisdiction in respect of the claims made by the intervening third party? |
4. |
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