Schmid v Hertel C-328/12 [2014] All ER (D) 221 (Jan)
Court of Justice of the European Union (First Chamber), 16 Jan 2014
Under Art 3(1) of Council Regulation (EC) 1346/2000 (on insolvency proceedings) (the Regulation), courts of the member state within the territory of which insolvency proceedings have been opened have jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency brought against a person whose place of residence is not within the territory of a member state.
The applicant was the liquidator of the debtor’s assets, appointed in insolvency proceedings in Germany in May 2007. The respondent resided in Switzerland. The applicant brought an action against the respondent before the German courts seeking to have a transaction set aside and to recover a sum of money plus interest as part of the debtor’s estate. The action was dismissed as inadmissible at first instance and on appeal on the ground that the German courts lacked international jurisdiction. The applicant appealed to the German Federal Court of Justice (the referring court). The referring court observed that the dispute
