The German Supreme Court has filed a question with ECJ (European Court of Justice) for a preliminary ruling about issues of jurisdiction of Members States and limits of the scope of EIR. A German liquidator had filed an avoidance action toward a third party located in Switzerland with a German Court. Do German courts have jurisdiction regarding such an action? The Court of Luxembourg has answered “Yes” for grounds linked with predictability and effectiveness: the third party is deemed to expect application of the German insolvency Code and it could be necessary to gather all issues under a sole judge. It seems however in opposition with the natural scope of EIR (European Insolvency Regulation).
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