Judgment of the Court (First Chamber) of 23 April 2009 (reference for a preliminary ruling from the Hof van Cassatie van België (Belgium)) — Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd

(Case C-167/08) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 43(1) - Jurisdiction and enforcement of judgments - Notion of ‘party’))

2009/C 141/30

Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings

Applicants: Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd

Defendant: Omnipol Ltd

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 43(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘Brussels I’) (OJ 2001 L 12, p. 1) — Notion of ‘party’ — Action brought by a creditor in the name and for the account of his debtor — Decision relating to a request for a declaration of enforceability

Operative part of the judgment

Article 43(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a creditor of a debtor cannot lodge an appeal against a decision on a request for a declaration of enforceability if he has not formally appeared as a party in the proceedings in which another creditor of that debtor applied for that declaration of enforceability.

(1)  OJ C 183, 19.7.2008.