European Law

Popa Alexandra Georgiana

Business Administration
3rd year

 Case C-557/13
Hermann Lutz vs Elke Buerle
(acting as a liquidator of ECZ
Autohandel GmbH)

Judgment
The request has been made in proceedings
between Mr. Lutz, residing in Austria, and Ms.
Buerle, acting as a liquidator in insolvency
proceedings opened in Germany in respect of the
assets of ECZ Autohandel GmbH (the debtor
company)

The dispute and the main proceedings

ECZ GmbH, German selling cars company
Mr. Lutz purchased a car from the company
He acted against the debtor company before the
District Court, Bregenz
Claimed the reimbursement of the amount paid
for the asset that he didnt received

 13 April 2008 debtor company has initiated

insolvency proceedings
4 August 2008 the insolvency proceedings
were opened against the debtor company
17 March 2009- Mr. Lutz receives EUR 11.778,45
23 October 2009- Ms. Buerle bought an action
against Mr. Lutz for recovering to total sum paid
to him at 17 March 2009

 The referring court considers that the

outcome of the appeal depends on the
interpretation of Article 13 of Regulation
No 1346/2000

On those grounds, the Court (First Chamber) hereby rules:

Article 13 of Council Regulations (EC) No

1346/2000 on insolvency proceedings must be
interpreted as:
Applying to a situation in which payment, challenged by an
insolvency administrator, of a sum of money attached before the
opening of the insolvency proceedings was made only after the
opening of those proceedings
Meaning that the defense which it establishes also applies to
limitations periods or over time-bars relating to actions to set aside
transactions under the law governing the act challenged by the
liquidator

 The relevant procedural requirements for the exercise of an action to set

a transaction aside are to be determined, for the purpose of the
application of Article 13 of Regulation No 1346/2000, according to the
law governing the act challenged by the liquidator

Thank you!