2.
Member States shall ensure that the conditions under which a restructuring plan can be confirmed by a judicial or administrative authority are clearly specified and include at least the following: the restructuring plan has been adopted in accordance with Article 9; creditors with sufficient commonality of interest in the same class are treated equally, and in a manner proportionate to their claim; notification of the restructuring plan has been given in accordance with national law to all affected parties; where there are dissenting creditors, the restructuring plan satisfies the best-interest-of-creditors test; where applicable, any new financing is necessary to implement the restructuring plan and does not unfairly prejudice the interests of creditors. Compliance with point (d) of the first subparagraph shall be examined by a judicial or administrative authority only if the restructuring plan is challenged on that ground.
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Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.