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Insolvency Regulation (recast)

Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)
32015R0848 · official text on EUR-Lex

Articles

Chapter I GENERAL PROVISIONS

• Article 1 — Scope
• Article 2 — Definitions
• Article 3 — International jurisdiction
• Article 4 — Examination as to jurisdiction
• Article 5 — Judicial review of the decision to open main insolvency proceedings
• Article 6 — Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them
• Article 7 — Applicable law
• Article 8 — Third parties' rights in rem
• Article 9 — Set-off
• Article 10 — Reservation of title
• Article 11 — Contracts relating to immoveable property
• Article 12 — Payment systems and financial markets
• Article 13 — Contracts of employment
• Article 14 — Effects on rights subject to registration
• Article 15 — European patents with unitary effect and Community trade marks
• Article 16 — Detrimental acts
• Article 17 — Protection of third-party purchasers
• Article 18 — Effects of insolvency proceedings on pending lawsuits or arbitral proceedings

Chapter II RECOGNITION OF INSOLVENCY PROCEEDINGS

• Article 19 — Principle
• Article 20 — Effects of recognition
• Article 21 — Powers of the insolvency practitioner
• Article 22 — Proof of the insolvency practitioner's appointment
• Article 23 — Return and imputation
• Article 24 — Establishment of insolvency registers
• Article 25 — Interconnection of insolvency registers
• Article 26 — Costs of establishing and interconnecting insolvency registers
• Article 27 — Conditions of access to information via the system of interconnection
• Article 28 — Publication in another Member State
• Article 29 — Registration in public registers of another Member State
• Article 30 — Costs
• Article 31 — Honouring of an obligation to a debtor
• Article 32 — Recognition and enforceability of other judgments
• Article 33 — Public policy

Chapter III SECONDARY INSOLVENCY PROCEEDINGS

• Article 34 — Opening of proceedings
• Article 35 — Applicable law
• Article 36 — Right to give an undertaking in order to avoid secondary insolvency proceedings
• Article 37 — Right to request the opening of secondary insolvency proceedings
• Article 38 — Decision to open secondary insolvency proceedings
• Article 39 — Judicial review of the decision to open secondary insolvency proceedings
• Article 40 — Advance payment of costs and expenses
• Article 41 — Cooperation and communication between insolvency practitioners
• Article 42 — Cooperation and communication between courts
• Article 43 — Cooperation and communication between insolvency practitioners and courts
• Article 44 — Costs of cooperation and communication
• Article 45 — Exercise of creditors' rights
• Article 46 — Stay of the process of realisation of assets
• Article 47 — Power of the insolvency practitioner to propose restructuring plans
• Article 48 — Impact of closure of insolvency proceedings
• Article 49 — Assets remaining in the secondary insolvency proceedings
• Article 50 — Subsequent opening of the main insolvency proceedings
• Article 51 — Conversion of secondary insolvency proceedings
• Article 52 — Preservation measures

Chapter IV PROVISION OF INFORMATION FOR CREDITORS AND LODGEMENT OF THEIR CLAIMS

• Article 53 — Right to lodge claims
• Article 54 — Duty to inform creditors
• Article 55 — Procedure for lodging claims

Chapter V INSOLVENCY PROCEEDINGS OF MEMBERS OF A GROUP OF COMPANIES

Section 1 Cooperation and communication

• Article 56 — Cooperation and communication between insolvency practitioners
• Article 57 — Cooperation and communication between courts
• Article 58 — Cooperation and communication between insolvency practitioners and courts
• Article 59 — Costs of cooperation and communication in proceedings concerning members of a group of companies
• Article 60 — Powers of the insolvency practitioner in proceedings concerning members of a group of companies

Section 2 Coordination

• Article 61 — Request to open group coordination proceedings
• Article 62 — Priority rule
• Article 63 — Notice by the court seised
• Article 64 — Objections by insolvency practitioners
• Article 65 — Consequences of objection to the inclusion in group coordination
• Article 66 — Choice of court for group coordination proceedings
• Article 67 — Consequences of objections to the proposed coordinator
• Article 68 — Decision to open group coordination proceedings
• Article 69 — Subsequent opt-in by insolvency practitioners
• Article 70 — Recommendations and group coordination plan
• Article 71 — The coordinator
• Article 72 — Tasks and rights of the coordinator
• Article 73 — Languages
• Article 74 — Cooperation between insolvency practitioners and the coordinator
• Article 75 — Revocation of the appointment of the coordinator
• Article 76 — Debtor in possession
• Article 77 — Costs and distribution

Chapter VI DATA PROTECTION

• Article 78 — Data protection
• Article 79 — Responsibilities of Member States regarding the processing of personal data in national insolvency registers
• Article 80 — Responsibilities of the Commission in connection with the processing of personal data
• Article 81 — Information obligations
• Article 82 — Storage of personal data
• Article 83 — Access to personal data via the European e-Justice Portal

Chapter VII TRANSITIONAL AND FINAL PROVISIONS

• Article 84 — Applicability in time
• Article 85 — Relationship to Conventions
• Article 86 — Information on national and Union insolvency law
• Article 87 — Establishment of the interconnection of registers
• Article 88 — Establishment and subsequent amendment of standard forms
• Article 89 — Committee procedure
• Article 90 — Review clause
• Article 91 — Repeal
• Article 92 — Entry into force