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Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015
On insolvency proceedings
- Recitals
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
- 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
- Subsection 1 — Procedure
- 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
- Subsection 2 — General provisions
- 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
- Final
- ANNEX A — INSOLVENCY PROCEEDINGS REFERRED TO IN ARTICLE 2, POINT (4)
- ANNEX B — INSOLVENCY PRACTITIONERS REFERRED TO IN ARTICLE 2, POINT (5)
- ANNEX C — Repealed Regulation with list of the successive amendments thereto
- ANNEX D