Communication: judgment No. 0723 of 2020

IDENTIFIER
62020CA0723
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
2
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



16.5.2022   

EN

Official Journal of the European Union

C 198/9


Judgment of the Court (Fifth Chamber) of 24 March 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Galapagos BidCo. Sàrl v DE, in its capacity as liquidator of Galapagos SA, Hauck Aufhäuser Fund Services SA, Prime Capital SA

(Case C-723/20) (1)

(Reference for a preliminary ruling - Regulation (EU) 2015/848 - Insolvency proceedings - Article 3(1) - International jurisdiction - Moving of the centre of a debtor’s main interests to another Member State after a request to open main insolvency proceedings has been lodged)

(2022/C 198/13)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Galapagos BidCo. Sàrl

Defendants: DE, in its capacity as liquidator of Galapagos SA, Hauck Aufhäuser Fund Services SA, Prime Capital SA

Operative part of the judgment

Article 3(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings must be interpreted as meaning that the court of a Member State with which a request to open main insolvency proceedings has been lodged retains exclusive jurisdiction to open such proceedings where the centre of the debtor’s main interests is moved to another Member State after that request has been lodged, but before that court has delivered a decision on it. Consequently, in so far as that regulation is still applicable to that request, the court of another Member State with which another request is lodged subsequently for the same purpose cannot, in principle, declare that it has jurisdiction to open main insolvency proceedings until the first court has delivered its decision and declined jurisdiction.


(1)  OJ C 128, 12.4.2021.



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