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Kornhaas (C-594/14) — director liability for payments after insolvency and freedom of establishment (corporate / insolvency)

Current as of 1 provisions

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Provisions

30 in the library

  1. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In that regard, it follows from the case-law of the Court that, in some circumstances, the refusal by one Member State to recognise the legal…

  2. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In that context, the Court has previously held that Article 3(1) of Council Regulation No 1346/2000 must be interpreted as meaning that the…

  3. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 By its second question, the referring court asks, in essence, whether Article 49 TFEU and Article 54 TFEU preclude the application of a…

  4. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Paragraph 64(1) and (2) of the Law on limited liability companies (Gesetz betreffend die Gesellschaften mit beschränkter Haftung, RGBl. 1898…

  5. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 First, it follows from the order for reference that the legal capacity of the debtor company is in no way called into question in the context…

  6. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In the light of the above, the application of a provision of national law such as the first sentence of Paragraph 64(2) of the GmbHG in no way…

  7. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In those circumstances, the Bundesgerichtshof decided to stay the proceedings and to refer the following questions to the Court of Justice for…

  8. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Consequently, even if, in the judgment in H (C‑295/13, EU:C:2014:2410), the Court’s answer to the request for a preliminary ruling concerned…

  9. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 According to the referring court, the first sentence of Article 64(2) of the GmbHG does not govern the conditions in which a company…

  10. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 However, as regards a provision of national law such as the first sentence of Paragraph 64(2) of the GmbHG, it is clear that the latter…

  11. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In any event, the possible restriction of the freedom of establishment, entailed by the application of the first sentence of Article 64(2) of…

  12. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In those circumstances, the answer to the second question is that Article 49 TFEU and Article 54 TFEU do not preclude the application of a…

  13. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Article 3 of Regulation No 1346/2000, entitled ‘International jurisdiction’, provides: ‘1. The courts of the Member State within the territory…

  14. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 In those circumstances, the answer to the first question is that Article 4 of Regulation No 1346/2000 must be interpreted as meaning that an…

  15. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The request has been made in proceedings between Mr Dithmar, acting as liquidator of the assets of Kornhaas Montage und Dienstleistung Ltd…

  16. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Furthermore, a provision such as the first sentence of Paragraph 64(2) of the GmbHG contributes to the attainment of an objective which is…

  17. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Second, the personal liability of the managing directors of a company on the basis of the first sentence of Paragraph 64(2) of the GmbHG is…

  18. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Article 4(2) of Regulation No 1346/2000 provides, in particular, that the lex fori concursus determines the ‘conditions for the opening’ of…

  19. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The referring court observes, however, that the case-law of the Court following from, inter alia, the judgments in Überseering (C‑208/00…

  20. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on…

  21. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 This request for a preliminary ruling concerns the interpretation of Article 4 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on…

  22. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Article 4 of that regulation, entitled ‘Applicable law’, provides: ‘1. Save as otherwise provided in this Regulation, the law applicable to…

  23. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 It should be added in that regard that the first sentence of Paragraph 64(2) of the GmbHG must be read in conjunction with Paragraph 64(1)…

  24. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The referring court is uncertain, however, whether such a provision is consistent with EU law. In that regard, pursuant to Article 4(1) of…

  25. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Mr Dithmar is the liquidator of the debtor company, in insolvency proceedings opened by the Amtsgericht Erfurt (Local Court, Erfurt). The…

  26. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The referring court takes the view that the action brought by Mr Dithmar is well founded under German law, the purpose of the first sentence…

  27. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The Court has also found before that, to the extent that national provisions concerning minimum capital are incompatible with freedom of…

  28. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 The Court has based that decision on the view, in particular, that a national provision, such as the first sentence of Paragraph 64(2) of the…

  29. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 By its first question, the referring court asks, in essence, whether Article 4 of Regulation No 1346/2000 must be interpreted as meaning that…

  30. ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    ["JUDGMENT OF THE COURT (Sixth Chamber)", "Simona Kornhaas v Thomas Dithmar", "10 December 2015"]

    10 December 2015 Contending that the debtor company had been insolvent, at the least, since 1 November 2006 and that, between 11 December 2006 and 26 February…

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