List of Authors
Preface
CHAPTER 1
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 2
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 3
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
Article 53
Right to lodge claims
Article 54
Duty to inform creditors
Article 55
Procedure for lodging claims
CHAPTER 4
Provision of Information for Creditors and Lodgement of Their Claims
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
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 5
Insolvency Proceedings of Members of a Group of Companies
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 6
Data Protection
Article 84
Applicability in time
Article 85
Relationship to Conventions
Article 86
Information on national and European 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
CHAPTER 7
Transitional and Final Provisions
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