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Document 62020CA0025
Case C-25/20: Judgment of the Court (Ninth Chamber) of 25 November 2021 (request for a preliminary ruling from the Višje sodišče v Ljubljani — Slovenia) — Proceedings brought by NK, acting as liquidator in the insolvency of Alpine BAU GmbH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 28 — Article 32(2) — Time limit for the lodging of claims in insolvency proceedings — Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State — Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
Case C-25/20: Judgment of the Court (Ninth Chamber) of 25 November 2021 (request for a preliminary ruling from the Višje sodišče v Ljubljani — Slovenia) — Proceedings brought by NK, acting as liquidator in the insolvency of Alpine BAU GmbH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 28 — Article 32(2) — Time limit for the lodging of claims in insolvency proceedings — Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State — Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
Case C-25/20: Judgment of the Court (Ninth Chamber) of 25 November 2021 (request for a preliminary ruling from the Višje sodišče v Ljubljani — Slovenia) — Proceedings brought by NK, acting as liquidator in the insolvency of Alpine BAU GmbH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 28 — Article 32(2) — Time limit for the lodging of claims in insolvency proceedings — Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State — Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
OJ C 51, 31.1.2022, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 25/11/2021
- Date lodged:
- 20/01/2020
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Slovenian
- Type of procedure:
- Reference for a preliminary ruling
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- Select all documents mentioning this document
- Case affecting:
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- Related EU case-law document 62020CJ0025
- Instruments cited in case law:
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|
31.1.2022 |
EN |
Official Journal of the European Union |
C 51/6 |
Judgment of the Court (Ninth Chamber) of 25 November 2021 (request for a preliminary ruling from the Višje sodišče v Ljubljani — Slovenia) — Proceedings brought by NK, acting as liquidator in the insolvency of Alpine BAU GmbH
(Case C-25/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Articles 4 and 28 - Article 32(2) - Time limit for the lodging of claims in insolvency proceedings - Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State - Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
(2022/C 51/07)
Language of the case: Slovenian
Referring court
Višje sodišče v Ljubljani
Parties to the main proceedings
Applicant: NK, acting as liquidator in the insolvency of Alpine BAU GmbH
Intervening parties: Alpine BAU GmbH, Salzburg — Celje Branch, in liquidation
Operative part of the judgment
Article 32(2) of Council Regulation (EC) 1346/2000 of 29 May 2000 on insolvency proceedings, read in conjunction with Articles 4 and 28 of that regulation, must be interpreted as meaning that the lodging, in secondary insolvency proceedings, of claims already submitted in the main insolvency proceedings by the liquidator in those proceedings is subject to the provisions relating to time limits for the lodging of claims and to the consequences of lodging such claims out of time, laid down by the law of the State of the opening of those secondary proceedings.
