Reference for a preliminary ruling from the Hoge Raad der Nederlanden, lodged on 17 March 2010 — Prism Investments BV v J.A. van der Meer, in his capacity as receiver in the liquidation of Arilco Holland BV

(Case C-139/10)

2010/C 134/43

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Prism Investments BV

Respondent: J.A. van der Meer, in his capacity as receiver in the liquidation of Arilco Holland BV

Question referred

Does Article 45 of Council Regulation (EC) No 44/2001 (1) preclude the court with which an appeal is lodged under Article 43 or Article 44 of that regulation from refusing or revoking the declaration of enforceability on a ground, other than one of those specified in Articles 34 and 35 of that regulation, which has been advanced against enforcement of the judgment declared enforceable and which arose after that judgment had been delivered, such as the ground that there has been compliance with that judgment?

(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).