Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May… · Lexiara

Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)

regulation · European Union · 32015R0848

464 provisions in 1489 nodes · 18 provisions hand work to national law

Defined terms · All instruments · admissibility · area of freedom, security and justice · branch · civil law · collective interest · commercial law · company law · confidentiality

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

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

Insolvency proceedings referred to in point (4) of Article 2

BELGIQUE/BELGIË

БЪЛГАРИЯ

ČESKÁ REPUBLIKA

Insolvency practitioners referred to in point (5) of Article 2

BELGIQUE/BELGIË

БЪЛГАРИЯ

ČESKÁ REPUBLIKA

Repealed Regulation with list of the successive amendments thereto