CELEX: 62020CA0723
Language: en
Date: 2022-03-24 00:00:00
Title: Case C-723/20: 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 (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)

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.