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Document C2006/060/06
Judgment of the Court (Grand Chamber) of 17 January 2006 in Case C-1/04 Reference for a preliminary ruling from the Bundesgerichtshof in Susanne Staubitz-Schreiber (Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Applicability in time — Court having jurisdiction)
Judgment of the Court (Grand Chamber) of 17 January 2006 in Case C-1/04 Reference for a preliminary ruling from the Bundesgerichtshof in Susanne Staubitz-Schreiber (Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Applicability in time — Court having jurisdiction)
Judgment of the Court (Grand Chamber) of 17 January 2006 in Case C-1/04 Reference for a preliminary ruling from the Bundesgerichtshof in Susanne Staubitz-Schreiber (Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Applicability in time — Court having jurisdiction)
JO C 60, 11.3.2006, pp. 3–4
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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11.3.2006 |
EN |
Official Journal of the European Union |
C 60/3 |
JUDGMENT OF THE COURT
(Grand Chamber)
of 17 January 2006
in Case C-1/04 Reference for a preliminary ruling from the Bundesgerichtshof in Susanne Staubitz-Schreiber (1)
(Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Applicability in time - Court having jurisdiction)
(2006/C 60/06)
Language of the case: German
In Case C-1/04 Reference for a preliminary ruling under Article 234 EC from the Bundesgerichtshof (Germany), made by decision of 27 November 2003, received at the Court on 2 January 2004, in the proceedings brought by Susanne Staubitz-Schreiber — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas and J. Malenovský, Presidents of Chambers, A. La Pergola, J.-P. Puissochet (Rapporteur), R. Schintgen, N. Colneric, S. von Bahr, J. Klučka, U. Lõhmus and E. Levits, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, for the Registrar, gave a judgment on 17 January 2006, in which it ruled as follows:
Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the court of the Member State within the territory of which the centre of the debtor's main interests is situated at the time when the debtor lodges the request to open insolvency proceedings retains jurisdiction to open those proceedings if the debtor moves the centre of his main interests to the territory of another Member State after lodging the request but before the proceedings are opened.