In Case E-17/24, Söderberg & Partners AS v Gable Insurance AG in Konkurs – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal of Liechtenstein (Fürstliches Obergericht), concerning the interpretation of Articles 268(1)(g) and 275 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ 2009 L 335, p. 1) (‘the Directive’) and more specifically, concerning whether an insurance claim loses its status as a privileged claim within national insolvency proceedings if it has been assigned to a third party by way of legal transaction, the Court, composed of Páll Hreinsson, President, Bernd Hammermann and Michael Reiertsen (Judge-Rapporteur), Judges, gave judgment on 5 February 2025, the operative part of which is as follows:

An insurance claim within the meaning of Article 268(1)(g) of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) is to be given precedence in accordance with Article 275(1) of that directive, in circumstances such as those of the main proceedings, where the claim has been assigned to a third party by way of a legal transaction.