Case C-527/10

ERSTE Bank Hungary Nyrt

v

Magyar Állam and Others

(Reference for a preliminary ruling from the Legfelsőbb Bíróság)

‛Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable’

Summary of the Judgment

1. Judicial cooperation in civil matters — Insolvency proceedings — Regulation No 1346/2000 — Temporal application — Recognition of a decision opening insolvency proceedings — Decision producing its effects, recognised in the Member State of the opening of proceedings, in a State which became a Member of the European Union from the date of its accession

   (Accession Act 2003, Art. 2; Council Regulation No 1346/2000, Arts 16(1) and 17(1) and (43))

2. Judicial cooperation in civil matters — Insolvency proceedings — Regulation No 1346/2000 — Temporal application — Assets of third parties — Debtor’s goods subject to insolvency proceedings located in the territory of another State which became a Member of the European Union after the opening of those proceedings — Applicability of the regulation — Conditions — Goods to be situated in that State on the date of its accession

   (Council Regulation No 1346/2000, Art. 5(1))

1.  See the text of the decision.

   (see paras 30, 33-36)

2.  Article 5(1) of Regulation No 1346/2000 on insolvency proceedings must be interpreted as meaning that that provision is applicable to insolvency proceedings opened before the accession of a new Member State to the European Union where, on the date of its accession, the assets of the debtor — an insolvent company whose registered office is in an old Member State on which the right in rem concerned was based were situated in the territory of that new Member State.

   (see para. 46, operative part)

Case C-527/10

ERSTE Bank Hungary Nyrt

v

Magyar Állam and Others

(Reference for a preliminary ruling from the Legfelsőbb Bíróság)

‛Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable’

Summary of the Judgment

1. Judicial cooperation in civil matters — Insolvency proceedings — Regulation No 1346/2000 — Temporal application — Recognition of a decision opening insolvency proceedings — Decision producing its effects, recognised in the Member State of the opening of proceedings, in a State which became a Member of the European Union from the date of its accession

   (Accession Act 2003, Art. 2; Council Regulation No 1346/2000, Arts 16(1) and 17(1) and (43))

2. Judicial cooperation in civil matters — Insolvency proceedings — Regulation No 1346/2000 — Temporal application — Assets of third parties — Debtor’s goods subject to insolvency proceedings located in the territory of another State which became a Member of the European Union after the opening of those proceedings — Applicability of the regulation — Conditions — Goods to be situated in that State on the date of its accession

   (Council Regulation No 1346/2000, Art. 5(1))

1.  See the text of the decision.

   (see paras 30, 33-36)

2.  Article 5(1) of Regulation No 1346/2000 on insolvency proceedings must be interpreted as meaning that that provision is applicable to insolvency proceedings opened before the accession of a new Member State to the European Union where, on the date of its accession, the assets of the debtor — an insolvent company whose registered office is in an old Member State on which the right in rem concerned was based were situated in the territory of that new Member State.

   (see para. 46, operative part)