Feniks sp. z o.o. v Azteca Products & Services SL

European Union – Civil and commercial matters. In a situation such as that at issue in the main proceedings, an actio pauliana, whereby the person entitled to a debt arising under a contract requested that an act by which his debtor had transferred an asset to a third party and which was allegedly detrimental to his rights be declared ineffective in relation to the creditor, was covered by the rule of international jurisdiction provided for in art 7(1)(a) of Regulation (EU) No 1215/2012. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning a contract for the sale of immovable property, concluded between the parties, the contract being allegedly detrimental to the rights of the applicant creditor company.

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