Wiemer & Trachte GmbH v Tadzher

European Union – Civil and commercial matters. Article 3(1) of Council Regulation (EC) No 1346/2000 should be interpreted as meaning that the jurisdiction of the courts of the member state within the territory of which insolvency proceedings had been opened to hear and determine an action to set a transaction aside by virtue of the debtor's insolvency which had been brought against a defendant whose registered office or habitual residence was in another member state was exclusive. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the repayment by the respondent of money which had been transferred to him from the applicant bank account without the provisional liquidator's consent.

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