62017CN0535 - EN - EUR-Lex - European Union

Có thể bạn quan tâm

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here

EUROPA
EUR-Lex home
EUR-Lex - 62017CN0535 - EN

Help
Print

EU law

Treaties
- Treaties currently in force
- Founding Treaties
- Accession Treaties
- Other treaties and protocols
- Chronological overview
Legal acts
Consolidated texts
International agreements
Preparatory documents
EFTA documents
Lawmaking procedures
Summaries of EU legislation
Browse by EU institutions
- European Parliament
- European Council
- Council of the European Union
- European Commission
- Court of Justice of the European Union
- European Central Bank
- European Court of Auditors
- European Economic and Social Committee
- European Committee of the Regions
Browse by EuroVoc

EU case-law

Case-law
Reports of cases
Directory of case-law

Official Journal

Access to the Official Journal
Official Journal L series daily view
Official Journal C series daily view
Browse the Official Journal
Legally binding printed editions
Special edition

National law and case-law

National transposition
National case-law
JURE case-law

Information

Themes in focus
EUR-Lex developments
Statistics
ELI register
- What is ELI
- ELI background
- Why implement ELI
- Countries implementing ELI
- Testimonials
- Implementing ELI
- Glossary
EU budget online

Quick search Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care). Search tips Need more search options? Use the Advanced search

Document 62017CN0535

Help
Print

Text
Document information
Case file

Permanent link
Download notice
Save to My items
Create an email alert
Create an RSS alert

Case C-535/17: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 11 September 2017 — NK, liquidator in the bankruptcies of OJ B.V. and PI v BNP Paribas Fortis N.V.

OJ C 412, 4.12.2017, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Expand all Collapse all

Dates

Date of document: 11/09/2017 Date lodged: 11/09/2017

Miscellaneous information

Author: Court of Justice Form: Judicial information Authentic language: Dutch

Procedure

Type of procedure: Reference for a preliminary ruling

Relationship between documents

Link Select all documents mentioning this document Case affecting:

Submits a preliminary question about 32000R1346
Submits a preliminary question about 32000R1346 article 13
Submits a preliminary question about 32000R1346 article 4 paragraph 1
Submits a preliminary question about 32001R0044 article 1 paragraph 2 point (b)
Submits a preliminary question about 32007R0864 article 17

Link

Classifications

EUROVOC descriptor:

receivership
financial solvency
damages
claim
judicial cooperation in civil matters in the EU

Languages, formats and link to OJ

Language

HTML EN Toggle Dropdown

PDF EN Toggle Dropdown

Official Journal EN Toggle Dropdown

Multilingual display

Language 1 English (en) Bulgarian (bg) Spanish (es) Czech (cs) Danish (da) German (de) Estonian (et) Greek (el) English (en) French (fr) Croatian (hr) Italian (it) Latvian (lv) Lithuanian (lt) Hungarian (hu) Maltese (mt) Dutch (nl) Polish (pl) Portuguese (pt) Romanian (ro) Slovak (sk) Slovenian (sl) Finnish (fi) Swedish (sv) Language 2 Please choose Bulgarian (bg) Spanish (es) Czech (cs) Danish (da) German (de) Estonian (et) Greek (el) English (en) French (fr) Croatian (hr) Italian (it) Latvian (lv) Lithuanian (lt) Hungarian (hu) Maltese (mt) Dutch (nl) Polish (pl) Portuguese (pt) Romanian (ro) Slovak (sk) Slovenian (sl) Finnish (fi) Swedish (sv) Language 3 Please choose Bulgarian (bg) Spanish (es) Czech (cs) Danish (da) German (de) Estonian (et) Greek (el) English (en) French (fr) Croatian (hr) Italian (it) Latvian (lv) Lithuanian (lt) Hungarian (hu) Maltese (mt) Dutch (nl) Polish (pl) Portuguese (pt) Romanian (ro) Slovak (sk) Slovenian (sl) Finnish (fi) Swedish (sv) Display

Text

201711170071555592017/C 412/245352017CJC41220171204EN01ENINFO_JUDICIAL20170911161611

Top C4122017EN1610120170911EN0024161161

Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 11 September 2017 — NK, liquidator in the bankruptcies of OJ B.V. and PI v BNP Paribas Fortis N.V.

(Case C-535/17)

2017/C 412/24Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: NK, liquidator in the bankruptcies of OJ B.V. and PI

Defendant: BNP Paribas Fortis N.V.

Questions referred

Is a claim for damages against a third party brought by the liquidator pursuant to the task assigned to him in Article 68(1) of the Faillissementswet of administering and liquidating the bankrupt estate on behalf of the joint creditors, on the grounds that that third party behaved wrongfully towards the creditors, and the proceeds of which, if the claim succeeds, are added to the estate, covered by the exception of Article 1(2)(b) of Council Regulation (EC) No 44/2001 ( 1 ) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters?

If question 1 is answered in the affirmative and the claim concerned is therefore covered by Council Regulation (EC) No 1346/2000 ( 2 ) of 29 May 2000 on insolvency proceedings, is that claim then governed by the law of the Member State where the insolvency proceedings were opened under Article 4(1) of that regulation, both as regards the power of the liquidator to bring that claim and as regards the substantive law applicable to that claim?

If question 2 is answered in the affirmative, should the courts of the Member State where the insolvency proceedings were opened then take account, whether or not by analogy, of:

(a)

the provisions of Article 13 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, in the sense that the defendant can defend itself against a claim brought by the liquidator for the benefit of the joint creditors by proving that its conduct did not result in it being liable, if assessed on the basis of the law which would have been applicable to the claim if it had not been brought by the liquidator, but by an individual creditor as a result of a wrongful act;

(b)

the provisions of Article 17 of Regulation (EC) No 864/2007 ( 3 ) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’), in conjunction with Article 13 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, that is to say, with the security regulations and codes of conduct applicable at the site of the alleged wrongful act, such as financial rules of conduct for banks?

( 1 ) OJ 2001 L 12, p. 1.

( 2 ) OJ 2000 L 160, p. 1.

( 3 ) OJ 2007 L 199, p. 40.

Top Timeline legend