Official Journal of the European Union

C 27/3

Judgment of the Court (Fourth Chamber) of 21 November 2019 (request for a preliminary ruling from the Högsta domstolen — Sweden) — CeDe Group AB v KAN sp. z o.o., in liquidation

(Case C-198/18) (1)

(Reference for a preliminary ruling - Regulation (EC) No 1346/2000 - Articles 4 and 6 - Insolvency proceedings - Applicable law - European order for payment procedure - Failure to pay a contractual claim before bankruptcy - Exception of set-off based on a contractual claim arising prior to bankruptcy)

(2020/C 27/03)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicant: CeDe Group AB

Defendant: KAN sp. z o.o., in liquidation

Operative part of the judgment

Article 4 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, as amended by Council Regulation (EC) No 788/2008 of 24 July 2008, must be interpreted as not applying to an action brought by the liquidator of an insolvent company established in one Member State for the payment of goods delivered under a contract concluded before the insolvency proceedings were opened in respect of that company, against the other contracting company, which is established in another Member State.

(1)  OJ C 190, 4.6.2018.