Under ordinary private international law,

This decision provides important insight into your family and estate rights. Here is what it changes for you.

The situation

Under ordinary private international law, which alone applies to the collective insolvency proceedings of a German company which, by reason of its activities, does not fall within the scope of Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the action brought by the officeholders of such proceedings for the avoidance, rescission or unenforceability of transactions entered into by the debtor before the opening of those proceedings and deemed prejudicial to the creditors is, by reason of its connection with the proceedings, governed by the German law of those proceedings, including as regards the time limits for bringing the action. It follows that the Court of Appeal violates Articles 3 and 2221 of the Civil Code where it declares time-barred the action brought by the liquidator on the basis of Article L. 137-2 of the French Consumer Code without applying German law governing the insolvency proceedings, after verifying its contents, whereas the liquidator, acting as an organ of such proceedings, based his action on that law, which, in his submission, entitled him, within a suspect period reaching back up to four years before the opening of the proceedings, to recover the fictitious profits distributed by the debtor company

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.