EN
C 198/10
Official Journal of the European Union
16.5.2022
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.
Judgment of the Court (Eighth Chamber) of 24 March 2022 (Request for a preliminary ruling from the Conseil d’État — Belgium) — CT, Ferme de la Sarte SPRL v Région wallonne (Case C-726/20) (1) (Reference for a preliminary ruling — Common agricultural policy (CAP) — European Agricultural Fund for Rural Development (EAFRD) funding — Regulation (EU) No 1305/2013 — Article 17(1)(b) — Investment support concerning the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU — Concept of ‘agricultural products’ — Concept of ‘live trees’ and ‘other plants; bulbs, roots and the like; cut flowers and ornamental foliage’ — Turf rolls for the fitting-out of green roofs) (2022/C 198/14) Language of the case: French Referring court Conseil d’État
Parties to the main proceedings Applicants: CT, Ferme de la Sarte SPRL Defendant: Région wallonne
Operative part of the judgment Article 17(1)(b) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 must be interpreted as meaning that the concept of ‘agricultural products covered by Annex I to the TFEU’ in that provision covers plants used for making green roofs, such as turf rolls, so that tangible investments concerning them are eligible for aid under the rural development support measure referred to in that provision.
(1)
OJ C 79, 8.3.2021.