Oeltrans Befrachtungsgesellschaft (Insolvency proceedings - Law of the Member State within the territory of which the proceedings are opened - Judgment) [2021] EUECJ C-73/20 (22 April 2021)

Oeltrans Befrachtungsgesellschaft (Insolvency proceedings - Law of the Member State within the territory of which the proceedings are opened - Judgment) [2021] EUECJ C-73/20 (22 April 2021)

Article 13 of Regulation No 1346/2000 and Article 12(1)(b) of Regulation No 593/2008 must be interpreted as meaning that the law applicable to the contract under the latter regulation also governs the payment made by a third party in performance of a contracting party’s contractual payment obligation where, in insolvency proceedings, that payment is challenged as an act detrimental to all the creditors.

Citation
[2021] EUECJ C-73/20
Parties
Applicant: ZM; Insolvent Company: Oeltrans Befrachtungsgesellschaft mbH; Respondent: E. A. Frerichs
Jurisdiction
European Union
Judgment Date
22 April 2021
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling From National Court
Outcome
Question answered; interpretation provided to national court.
Legal Topics
Conflict of Laws, Voidability of Legal Acts, Detrimental Acts in Insolvency, Law Applicable to Contracts
Insolvency Law Private International Law Contract Law Conflict of Laws Voidability of Legal Acts Detrimental Acts in Insolvency Law Applicable to Contracts

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Parties

ZM

Applicant

Oeltrans Befrachtungsgesellschaft mbH

Insolvent Company

E. A. Frerichs

Respondent

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling From National Court

Legal Issues

  1. 1 Whether the law applicable to a contract under Regulation No 593/2008 (Rome I) also governs a payment made by a third party in performance of a contracting party’s obligation, when such payment is challenged as detrimental in insolvency proceedings under Regulation No 1346/2000.

Ratio Decidendi

Article 13 of Regulation No 1346/2000 and Article 12(1)(b) of Regulation No 593/2008 must be interpreted as meaning that the law applicable to the contract under the latter regulation also governs the payment made by a third party in performance of a contracting party’s contractual payment obligation where, in insolvency proceedings, that payment is challenged as an act detrimental to all the creditors.

Court Disposition

Question answered; interpretation provided to national court.