Judgment_paragraph 36 · CeDe Group AB v KAN Sp. z o.o. in bankruptcy (C-198/18)

36In particular, the mere fact that a liquidator has brought such an action is not decisive for the purposes of assessing whether that liquidator is covered by the concept of ‘insolvency proceedings and their effects’. First, an action for payment of goods delivered in accordance with a contract may, in principle, be brought by the creditor himself, such that that action does not fall within the exclusive powers of the liquidator. Second, the bringing of such an action in no way depends on the opening of insolvency proceedings, in so far as such an action for payment may be brought independently of any insolvency proceedings. Accordingly, an action for payment of goods delivered in accordance with a contract, such as that at issue in the main proceedings, cannot be regarded as the direct and inseparable consequence of such proceedings (see, by analogy, judgment of 6 February 2019, NK, C‑535/17, EU:C:2019:96, paragraph 36).

CeDe Group AB v KAN Sp. z o.o. in bankruptcy (C-198/18)

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