Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 2 February 2005 in Reisch Montage AG v Kiesel Baumaschinen Handels GmbH

(Case C-103/05)

(2005/C 132/23)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Oberster Gerichtshof (Germany) of 2 February 2005, received at the Court Registry on 28 February 2005, for a preliminary ruling in the proceedings between Reisch Montage AG and Kiesel Baumaschinen Handels GmbH on the following question:

Can a claimant rely on Article 6(1) of Regulation (EC) No 44/2001 (1) when bringing a claim against a person domiciled in the forum state and against a person resident in another Member State, but where the claim against the person domiciled in the forum state is already inadmissible by the time the claim is brought, because bankruptcy proceedings have been commenced against him, which, under national law, results in a procedural bar?

(1)  Council Regulation (EC) No 44/2001 of 22.12.2000 (OJ 2001 L 12, p. 1).