Vis attractiva concursus y acción revocatoriaSentencia del Tribunal de Justicia de 14 de noviembre de 2018, asunto C-296/17: Wiemer & Trachte vs Tadzher

Résumé

The CJEU, on its Judgment of 14 November 2018, C-296/17, Wiemer & Trachte GmbH vs Zhan Oved Tadzher, rules that article 3 (1) of Regulation (EC) No 1346/2000 on insolvency proceedings must be interpreted as meaning that the jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened to hear and determine an action to set a transaction aside by virtue of the debtor’s insolvency which has been brought against a defendant whose registered office or habitual residence is in another Member State is exclusive. The author does not share the reasoning followed by the CJEU and analyses the scope of the vis attractiva concursus principle in the CJEU jurisprudence and after the reform of Regulation (EU) No 2015/848