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Court of Justice opinion—actio pauliana and Brussels I (recast) (Feniks v Azteca Products & Services)

Court of Justice opinion—actio pauliana and Brussels I (recast) (Feniks v Azteca Products & Services)
Published on: 26 June 2018
Published by: LexisPSL
  • Court of Justice opinion—actio pauliana and Brussels I (recast) (Feniks v Azteca Products & Services)
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Article summary

Dispute Resolution analysis: the opinion of Advocate General Bobek considered a preliminary reference to determine whether a Polish action known as “actio pauliana” constituted “a matter relating to a contract” for the purposes of Article 7(1)(a) of Regulation (EU) No 1215/2012, Brussels I (recast). Pursuant to Article 7(1)(a), a person domiciled in an EU Member State may be sued in another EU Member State, in matters relating to a contract, in the courts for the place of performance of the obligation in question. Advocate General Bobek concluded that, in the circumstances, the applicable provision was Article 4(1) which provides that persons domiciled in an EU Member State shall, whatever their nationality, be sued in the courts of that EU Member State. or take a trial to read the full analysis.

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