Legal News

Court of Justice—Actio Pauliana and contract provisions in Brussels I (recast) (Feniks sp. z o.o. v Azteca Products & Services SL)

Court of Justice—Actio Pauliana and contract provisions in Brussels I (recast) (Feniks sp. z o.o. v Azteca Products & Services SL)
Published on: 09 October 2018
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

Popular documents