- Court of Justice—Actio Pauliana and contract provisions in Brussels I (recast) (Feniks sp. z o.o. v Azteca Products & Services SL)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Justice adopted a broad interpretation of the contractual basis for special jurisdiction under Article 7(1) of Regulation (EU) 1215/2012, Brussels I (recast). It held that the Polish courts had jurisdiction under that provision to determine an Actio Pauliana claim brought by a Polish company against a Spanish company to reverse the transfer of a Polish property. In so doing, it held that Article 7(1) did not require a contract to exist between a claimant and a defendant, only that the claimant’s ultimate entitlement to bring the claim arose under a contract. Written by Richard Hanke, barrister at 3 Verulam Buildings.
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