Judgment_paragraph 59 · Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV and Heitrans International BV (C-237/20)

59In the present case, it must be noted that the referring court – which points out that the ‘prospective insolvency administrator’ and the ‘prospective supervisory judge’, although appointed by a court, do not have any legal powers when they carry out their tasks in a pre-pack procedure – sets out, in the order for reference, various elements capable of calling into question the assessment carried out by the Court in paragraph 57 of the judgment of 22 June 2017, Federatie Nederlandse Vakvereniging and Others (C‑126/16, EU:C:2017:489), with the result that that assessment could not be applied to the case in the main proceedings.