40As is emphasised by the Advocate General in point 64 of his Opinion, that distinction can be explained by the fact that the powers of the liquidator are, in the context of proceedings covered by Article 3(2) of Regulation No 1346/2000, territorially limited in so far as, by virtue of that provision, the effects of those proceedings are confined to the assets of the debtor situated in the territory of the Member State on the date those proceedings are opened. In such a situation, the liquidator must therefore be able to bring an action to set a transaction aside in connection with those proceedings before a court of a Member State other than the one which opened the secondary proceedings if the assets that are the subject of those proceedings were transferred, after those proceedings were opened, to another Member State.
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