Reference for a preliminary ruling from the Tribunal de commerce de Bruxelles (Belgium) lodged on 23 September 2009 — Françoise Hanssens-Ensch (administrator in the bankruptcy proceedings relating to Agenor SA) v European Community

(Case C-377/09)

2009/C 312/23

Language of the case: French

Referring court

Tribunal de commerce de Bruxelles

Parties to the main proceedings

Applicant: Françoise Hanssens-Ensch (administrator in the bankruptcy proceedings relating to Agenor SA)

Defendant: European Community

Question referred

Is the second paragraph of Article 288 EC to be interpreted as meaning that a liability action under Article 530 of the Belgian Companies Code, brought by an administrator in bankruptcy proceedings seeking an order that the European Community should make good the bankrupt company’s liabilities, on the ground that the Community had the de facto power to manage a commercial company and was guilty of serious misconduct in the management of that company which contributed to its bankruptcy, constitutes an action in non-contractual liability for the purposes of that provision of the Treaty?