(a)

a national court hearing insolvency proceedings has exclusive jurisdiction to hear an actio Pauliana which derives directly from the insolvency proceedings or is closely connected with them, and exceptions to such jurisdiction can be founded only on other provisions of Regulation No 1346/2000;

(b)

an actio Pauliana by the sole creditor of an undertaking in respect of which insolvency proceedings have been initiated in one Member State, that:

is to be classified as a civil and commercial matter under Article 1(1) of Regulation No 44/2001?

(a)

the national courts having jurisdiction to hear an actio Pauliana (depending upon its connection with the insolvency proceedings) either under Article 3(1) of Regulation No 1346/2000 or under Article 2(1) of Regulation No 44/2001 cannot both decline jurisdiction;

(b)

where a court of one Member State has decided to leave an actio Pauliana unheard for want of jurisdiction, a court of another Member State, seeking to safeguard the applicant’s right to a court, has the right to find of its own motion that it itself has jurisdiction, regardless of the fact that according to the provisions of European Union law concerning the determination of international jurisdiction it cannot so decide?