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Company Law

Analysis - guidance - compliance

18 DEC 2014

NICKEL & GOELDNER SPEDITION GMBH v ‘KINTRA’ UAB

NICKEL & GOELDNER SPEDITION GMBH v ‘KINTRA’ UAB
European Court of Justice
ECJ
Tizzano, President of the Chamber, A Borg Barthet, E Levits, M Berger (Rapporteur), and S Rodin, Judges, Advocate General: N Jääskinen, Registrar: A Calot Escobar
4 September 2014
JUDGMENT:
[1] This request for a preliminary ruling concerns the interpretation of:
– Articles 3(1) and 44(3) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1), and
– Articles 1(2)(b) and 71 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

[2] The request has been made in proceedings between Nickel & Goeldner Spedition GmbH (‘Nickel & Goeldner Spedition’), a company incorporated under German law, and “Kintra” UAB (‘Kintra’), a company incorporated under Lithuanian law that has been placed in liquidation, concerning the payment, the principal sum of 194 077.76 litai (LTL) in respect of services comprising the international carriage of goods.

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