2000R1346 — EN — 01.05.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1346/2000
of29May2000
oninsolvencyproceedings
(OJ L 160, 30.6.2000, p. 1)
Amended by:
Official Journal
No page date
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion isfoundedL 236 33 23.9.2003
▼B
COUNCILREGULATION(EC)No1346/2000
of29May2000
oninsolvencyproceedings
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles61(c) and 67(1) thereof,
Having regard to the initiative of the Federal Republic of Germany and
the Republic of Finland,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Whereas:
(1)The European Union has set out the aim of establishing an area
of freedom, security and justice.
(2)The proper functioning of the internal market requires that cross-border insolvency proceedings should operate efficiently and
effectively and thisRegulation needsto be adopted in order to
achieve thisobjective which comeswithin the s cope of judicialcooperation in civil matterswithin the meaning of Article 65 ofthe Treaty.
(3)The activities of undertakings have more and more cross-bordereffectsand are therefore increas ingly being regulated by
Community law. While the insolvency of such undertakings
also affects the proper functioning of the internal market, thereisa need for a Community act requiring coordination of themeasures to be taken regarding an insolvent debtor's assets.
(4)It is necessary for the proper functioning of the internal marketto avoid incentives for the parties to transfer assets or judicial
proceedingsfrom one Member State to another, s eeking to
obtain a more favourable legal position (forum shopping).
(5)These objectives cannot be achieved to a sufficient degree atnational level and action at Community level istherefore jus ti-fied.
(6)In accordance with the principle of proportionality thisRegula-
tion should be confined to provisions governing jurisdiction for
opening insolvency proceedings and judgments which are deliv-ered directly on the basis of the insolvency proceedings and areclosely connected with such proceedings. In addition, this Regu-lation should contain provisions regarding the recognition of
those judgments and the applicable law which also satisfy that
principle.
(7)Insolvency proceedings relating to the winding-up of insolventcompanies or other legal persons, judicial arrangements, compo-sitions and analogous proceedings are excluded from the scopeof the 1968 Brussels Convention on Jurisdiction and the Enfor-
cement of Judgmentsin Civil and Commercial Matters (
3), as
amended by the Conventions on Accession to this Conven-tion (
4).
(8)In order to achieve the aim of improving the efficiency andeffectiveness of insolvency proceedings having cross-bordereffects, it is necessary, and appropriate, that the provisions on2000R1346 — EN — 01.05.2004 — 001.001 — 2
(1) Opinion delivered on 2 March 2000 (not yet published in the Official
Journal).
(2) Opinion delivered on 26 January 2000 (not yet published in the Official
Journal).
(3) OJ L 299, 31.12.1972, p. 32.
(4) OJ L 204, 2.8.1975, p. 28; OJ L 304, 30.10.1978, p. 1; OJ L 388,
31.12.1982, p. 1; OJ L 285, 3.10.1989, p. 1; OJ C 15, 15.1.1997, p. 1.
▼B
jurisdiction, recognition and applicable law in this area should be
contained in a Community law measure which is binding anddirectly applicable in Member States.
(9)This Regulation should apply to insolvency proceedings, whetherthe debtor is a natural person or a legal person, a trader or an
individual. The insolvency proceedings to which this Regulation
applies are listed in the Annexes. Insolvency proceedingsconcerning insurance undertakings, credit institutions, investmentundertakingsholding fundsor s ecuritiesfor third partiesandcollective investment undertakings should be excluded from the
scope of this Regulation. Such undertakings should not be
covered by this Regulation since they are subject to specialarrangements and, to some extent, the national supervisoryauthoritieshave extremely wide-ranging powersof intervention.
(10)Insolvency proceedings do not necessarily involve the interven-tion of a judicial authority; the expression ‘court’ in thisRegulation should be given a broad meaning and include aperson or body empowered by national law to open insolvency
proceedings. In order for this Regulation to apply, proceedings
(comprising acts and formalities set down in law) should notonly have to comply with the provisions of this Regulation, butthey should also be officially recognised and legally effective inthe Member State in which the insolvency proceedings areopened and should be collective insolvency proceedings which
entail the partial or total divestment of the debtor and the
appointment of a liquidator.
(11)ThisRegulation acknowledgesthe fact that asa res ult of widelydiffering substantive laws it is not practical to introduce insol-vency proceedings with universal scope in the entireCommunity. The application without exception of the law ofthe State of opening of proceedingswould, agains t thisback-ground, frequently lead to difficulties. This applies, for
example, to the widely differing laws on security interests to be
found in the Community. Furthermore, the preferential rightsenjoyed by some creditors in the insolvency proceedings are, insome cases, completely different. This Regulation should takeaccount of this in two different ways. On the one hand, provision
should be made for special rules on applicable law in the case of
particularly significant rights and legal relationships (e.g. rightsin rem and contractsof employment). On the other hand,national proceedings covering only assets situated in the Stateof opening should also be allowed alongside main insolvencyproceedings with universal scope.
(12)ThisRegulation enablesthe main ins olvency proceedingsto beopened in the Member State where the debtor hasthe centre of
his main interests. These proceedings have universal scope and
aim at encompassing all the debtor's assets. To protect the diver-sity of interests, this Regulation permits secondary proceedingsto be opened to run in parallel with the main proceedings.Secondary proceedingsmay be opened in the Member Statewhere the debtor has an establishment. The effects of secondary
proceedings are limited to the assets located in that State.
Mandatory rulesof coordination with the main proceedingssatisfy the need for unity in the Community.
(13)The ‘centre of main interests’ should correspond to the placewhere the debtor conducts the administration of his interests ona regular basis and is therefore ascertainable by third parties.
(14)ThisRegulation appliesonly to proceedingswhere the centre ofthe debtor'smain interes tsislocated in the Community.
(15)The rules of jurisdiction set out in this Regulation establish onlyinternational jurisdiction, that is to say, they designate theMember State the courtsof which may open ins olvency proceed-ings. Territorial jurisdiction within that Member State must beestablished by the national law of the Member State concerned.2000R1346 — EN — 01.05.2004 — 001.001 — 3
▼B
(16)The court having jurisdiction to open the main insolvency
proceedings should be enabled to order provisional and protec-
tive measures from the time of the request to open proceedings.Preservation measures both prior to and after the commencementof the insolvency proceedings are very important to guaranteethe effectiveness of the insolvency proceedings. In that connec-tion this Regulation should afford different possibilities. On the
one hand, the court competent for the main insolvency proceed-
ings should be able also to order provisional protective measurescovering assets situated in the territory of other Member States.On the other hand, a liquidator temporarily appointed prior tothe opening of the main insolvency proceedings should be able,
in the Member States in which an establishment belonging to the
debtor is to be found, to apply for the preservation measureswhich are possible under the law of those States.
(17)Prior to the opening of the main insolvency proceedings, theright to request the opening of insolvency proceedings in theMember State where the debtor has an establishment should belimited to local creditorsand creditorsof the local es tablis hment
or to cases where main proceedings cannot be opened under the
law of the Member State where the debtor hasthe centre of hismain interest. The reason for this restriction is that cases whereterritorial insolvency proceedings are requested before the maininsolvency proceedings are intended to be limited to what is
absolutely necessary. If the main insolvency proceedings are
opened, the territorial proceedingsbecome s econdary.
(18)Following the opening of the main insolvency proceedings, theright to request the opening of insolvency proceedings in aMember State where the debtor has an establishment is notrestricted by this Regulation. The liquidator in the main proceed-
ingsor any other pers on empowered under the national law of
that Member State may request the opening of secondary insol-vency proceedings.
(19)Secondary insolvency proceedings may serve different purposes,besides the protection of local interests. Cases may arise wherethe estate of the debtor is too complex to administer as a unitor where differences in the legal systems concerned are so great
that difficulties may arise from the extension of effects deriving
from the law of the State of the opening to the other Stateswhere the assets are located. For this reason the liquidator inthe main proceedings may request the opening of secondaryproceedings when the efficient administration of the estate so
requires.
(20)Main insolvency proceedings and secondary proceedings can,
however, contribute to the effective realisation of the total assetsonly if all the concurrent proceedingspending are coordinated.The main condition here isthat the variousliquidatorsmus tcooperate closely, in particular by exchanging a sufficient
amount of information. In order to ensure the dominant role of
the main insolvency proceedings, the liquidator in such proceed-ings should be given several possibilities for intervening insecondary insolvency proceedings which are pending at thesame time. For example, he should be able to propose a restruc-turing plan or composition or apply for realisation of the assets
in the secondary insolvency proceedings to be suspended.
(21)Every creditor, who has his habitual residence, domicile or regis-
tered office in the Community, should have the right to lodge hisclaimsin each of the ins olvency proceedingspending in theCommunity relating to the debtor's assets. This should also applyto tax authorities and social insurance institutions. However, in
order to ensure equal treatment of creditors, the distribution of
proceeds must be coordinated. Every creditor should be able tokeep what he has received in the course of insolvency proceed-ings but should be entitled only to participate in the distributionof total assets in other proceedings if creditors with the samestanding have obtained the same proportion of their claims.2000R1346 — EN — 01.05.2004 — 001.001 — 4
▼B
(22)ThisRegulation s hould provide for immediate recognition of
judgments concerning the opening, conduct and closure of insol-
vency proceedingswhich come within itss cope and ofjudgments handed down in direct connection with such insol-vency proceedings. Automatic recognition should thereforemean that the effectsattributed to the proceedingsby the law ofthe State in which the proceedingswere opened extend to all
other Member States. Recognition of judgments delivered by
the courts of the Member States should be based on the principleof mutual trust. To that end, grounds for non-recognition shouldbe reduced to the minimum necessary. This is also the basis onwhich any dispute should be resolved where the courts of two
Member Statesboth claim competence to open the main ins ol-
vency proceedings. The decision of the first court to openproceedings should be recognised in the other Member Stateswithout those Member States having the power to scrutinise thecourt'sdecis ion.
(23)This Regulation should set out, for the matters covered by it,uniform ruleson conflict of lawswhich replace, within theirscope of application, national rules of private international law.Unless otherwise stated, the law of the Member State of theopening of the proceedingss hould be applicable ( lex concursus ).
Thisrule on conflict of lawss hould be valid both for the main
proceedingsand for local proceedings ; the lex concursus deter-
mines all the effects of the insolvency proceedings, bothprocedural and substantive, on the persons and legal relationsconcerned. It governsall the conditionsfor the opening, conductand closure of the insolvency proceedings.
(24)Automatic recognition of insolvency proceedings to which thelaw of the opening State normally appliesmay interfere withthe rulesunder which trans actionsare carried out in otherMember States. To protect legitimate expectations and the
certainty of transactions in Member States other than that in
which proceedings are opened, provisions should be made for anumber of exceptionsto the general rule.
(25)There isa particular need for a s pecial reference diverging fromthe law of the opening State in the case of rights in rem, since
these are of considerable importance for the granting of credit.
The basis, validity and extent of such a right in rem shouldtherefore normally be determined according to the lex situs and
not be affected by the opening of insolvency proceedings. Theproprietor of the right in rem should therefore be able to
continue to assert his right to segregation or separate settlement
of the collateral security. Where assets are subject to rights inrem under the lex situs in one Member State but the main
proceedingsare being carried out in another Member State, theliquidator in the main proceedings should be able to request theopening of secondary proceedings in the jurisdiction where the
rights in rem arise if the debtor has an establishment there. If a
secondary proceeding is not opened, the surplus on sale of theasset covered by rights in rem must be paid to the liquidator inthe main proceedings.
(26)If a set-off is not permitted under the law of the opening State, acreditor should nevertheless be entitled to the set-off if it ispossible under the law applicable to the claim of the insolventdebtor. In thisway, s et-off will acquire a kind of guarantee func-tion based on legal provisions on which the creditor concernedcan rely at the time when the claim arises.2000R1346 — EN — 01.05.2004 — 001.001 — 5
▼B
(27)There is also a need for special protection in the case of payment
systems and financial markets. This applies for example to the
position-closing agreements and netting agreements to be foundin such systems as well as to the sale of securities and to theguarantees provided for such transactions as governed in parti-cular by Directive 98/26/EC of the European Parliament and ofthe Council of 19 May 1998 on settlement finality in payment
and securities settlement systems (
1). For such transactions, the
only law which ismaterial s hould thusbe that applicable to thesystem or market concerned. This provision is intended toprevent the possibility of mechanisms for the payment andsettlement of transactions provided for in the payment and set-
off systems or on the regulated financial markets of the Member
States being altered in the case of insolvency of a businesspartner. Directive 98/26/EC contains special provisions whichshould take precedence over the general rules in this Regulation.
(28)In order to protect employees and jobs, the effects of insolvencyproceedingson the continuation or termination of employmentand on the rightsand obligationsof all partiesto s uch employ-
ment must be determined by the law applicable to the agreement
in accordance with the general ruleson conflict of law. Anyother insolvency-law questions, such as whether the employees'claims are protected by preferential rights and what status suchpreferential rightsmay have, s hould be determined by the law
of the opening State.
(29)For business considerations, the main content of the decision
opening the proceedings should be published in the otherMember Statesat the reques t of the liquidator. If there isanestablishment in the Member State concerned, there may be arequirement that publication is compulsory. In neither case,however, should publication be a prior condition for recognition
of the foreign proceedings.
(30)It may be the case that some of the persons concerned are not in
fact aware that proceedingshave been opened and act in goodfaith in a way that conflictswith the new s ituation. In order toprotect such persons who make a payment to the debtor becausethey are unaware that foreign proceedingshave been opened
when they should in fact have made the payment to the foreign
liquidator, it should be provided that such a payment is to have adebt-discharging effect.
(31)This Regulation should include Annexes relating to the organisa-tion of insolvency proceedings. As these Annexes relateexclusively to the legislation of Member States, there arespecific and substantiated reasons for the Council to reserve the
right to amend these Annexes in order to take account of any
amendments to the domestic law of the Member States.
(32)The United Kingdom and Ireland, in accordance with Article 3of the Protocol on the position of the United Kingdom andIreland annexed to the Treaty on European Union and the Treatyestablishing the European Community, have given notice of their
wish to take part in the adoption and application of this Regula-
tion.
(33)Denmark, in accordance with Articles1 and 2 of the Protocol onthe position of Denmark annexed to the Treaty on EuropeanUnion and the Treaty establishing the European Community, isnot participating in the adoption of thisRegulation, and isthere-fore not bound by it nor subject to its application,2000R1346 — EN — 01.05.2004 — 001.001 — 6
(1) OJ L 166, 11.6.1998, p. 45.
▼B
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERALPROVISIONS
Article 1
Scope
1. This Regulation shall apply to collective insolvency proceedings
which entail the partial or total divestment of a debtor and the appoint-
ment of a liquidator.
2. This Regulation shall not apply to insolvency proceedings
concerning insurance undertakings, credit institutions, investmentundertakingswhich provide s ervicesinvolving the holding of fundsorsecurities for third parties, or to collective investment undertakings.
Article 2
Definitions
For the purposes of this Regulation:
(a) ‘insolvency proceedings’ shall mean the collective proceedings
referred to in Article 1(1). These proceedings are listed in Annex A;
(b) ‘liquidator’ shall mean any person or body whose function is to
administer or liquidate assets of which the debtor has been divestedor to supervise the administration of his affairs. Those persons andbodiesare lis ted in Annex C;
(c) ‘winding-up proceedings’ shall mean insolvency proceedings
within the meaning of point (a) involving realising the assets ofthe debtor, including where the proceedingshave been clos ed by acomposition or other measure terminating the insolvency, or closedby reason of the insufficiency of the assets. Those proceedings arelisted in Annex B;
(d) ‘court’ shall mean the judicial body or any other competent body of
a Member State empowered to open insolvency proceedings or totake decisions in the course of such proceedings;
(e) ‘judgment’ in relation to the opening of insolvency proceedings or
the appointment of a liquidator shall include the decision of anycourt empowered to open such proceedings or to appoint a liqui-dator;
(f) ‘the time of the opening of proceedings’ shall mean the time at
which the judgment opening proceedingsbecomeseffective,whether it isa final judgment or not;
(g) ‘the Member State in which assets are situated’ shall mean, in the
case of:
— tangible property, the Member State within the territory of
which the property iss ituated,
— property and rights ownership of or entitlement to which must
be entered in a public register, the Member State under theauthority of which the register is kept,
— claims, the Member State within the territory of which the third
party required to meet them has the centre of his main interests,asdetermined in Article 3(1);
(h) ‘establishment’ shall mean any place of operations where the
debtor carriesout a non-trans itory economic activity with humanmeansand goods .
Article 3
Internationaljurisdiction
1. The courtsof the Member State within the territory of which the
centre of a debtor's main interests is situated shall have jurisdiction toopen insolvency proceedings. In the case of a company or legal person,2000R1346 — EN — 01.05.2004 — 001.001 — 7
▼B
the place of the registered office shall be presumed to be the centre of
its main interests in the absence of proof to the contrary.
2. Where the centre of a debtor's main interests is situated within the
territory of a Member State, the courtsof another Member State s hallhave jurisdiction to open insolvency proceedings against that debtoronly if he possesses an establishment within the territory of that otherMember State. The effects of those proceedings shall be restricted to
the assets of the debtor situated in the territory of the latter Member
State.
3. Where insolvency proceedings have been opened under
paragraph 1, any proceedings opened subsequently under paragraph 2shall be secondary proceedings. These latter proceedings must be
winding-up proceedings.
4. Territorial insolvency proceedings referred to in paragraph 2 may
be opened prior to the opening of main insolvency proceedings inaccordance with paragraph 1 only:
(a) where insolvency proceedings under paragraph 1 cannot be opened
because of the conditions laid down by the law of the MemberState within the territory of which the centre of the debtor'smaininterests is situated; or
(b) where the opening of territorial insolvency proceedings is requested
by a creditor who has his domicile, habitual residence or registeredoffice in the Member State within the territory of which the estab-lishment is situated, or whose claim arises from the operation of
that establishment.
Article 4
Lawapplicable
1. Save asotherwis e provided in thisRegulation, the law applicable
to insolvency proceedings and their effects shall be that of the Member
State within the territory of which such proceedings are opened, here-after referred to asthe ‘State of the opening of proceedings ’.
2. The law of the State of the opening of proceedingss hall deter-
mine the conditions for the opening of those proceedings, their
conduct and their closure. It shall determine in particular:
(a) against which debtors insolvency proceedings may be brought on
account of their capacity;
(b) the assets which form part of the estate and the treatment of assets
acquired by or devolving on the debtor after the opening of theinsolvency proceedings;
(c) the respective powers of the debtor and the liquidator;
(d) the conditionsunder which s et-offsmay be invoked;
(e) the effectsof ins olvency proceedingson current contractsto which
the debtor isparty;
(f) the effectsof the ins olvency proceedingson proceedingsbrought
by individual creditors, with the exception of lawsuits pending;
(g) the claims which are to be lodged against the debtor's estate and
the treatment of claims arising after the opening of insolvency
proceedings;
(h) the rules governing the lodging, verification and admission of
claims;
(i) the rules governing the distribution of proceeds from the realisa-
tion of assets, the ranking of claims and the rights of creditors
who have obtained partial satisfaction after the opening of insol-
vency proceedingsby virtue of a right in rem or through a s et-off;
(j) the conditions for and the effects of closure of insolvency proceed-
ings, in particular by composition;
(k) creditors' rights after the closure of insolvency proceedings;2000R1346 — EN — 01.05.2004 — 001.001 — 8
▼B
(l) who is to bear the costs and expenses incurred in the insolvency
proceedings;
(m) the rules relating to the voidness, voidability or unenforceability of
legal actsdetrimental to all the creditors .
Article 5
Thirdparties'rightsinrem
1. The opening of insolvency proceedings shall not affect the rights
in rem of creditorsor third partiesin res pect of tangible or intangible,moveable or immoveable assets — both specific assets and collectionsof indefinite assets as a whole which change from time to time —belonging to the debtor which are situated within the territory of
another Member State at the time of the opening of proceedings.
2. The rightsreferred to in paragraph 1 s hall in particular mean:
(a) the right to dispose of assets or have them disposed of and to
obtain satisfaction from the proceeds of or income from thoseassets, in particular by virtue of a lien or a mortgage;
(b) the exclusive right to have a claim met, in particular a right guar-
anteed by a lien in respect of the claim or by assignment of theclaim by way of a guarantee;
(c) the right to demand the assets from, and/or to require restitution by,
anyone having possession or use of them contrary to the wishes ofthe party so entitled;
(d) a right in rem to the beneficial use of assets.
3. The right, recorded in a public register and enforceable against
third parties, under which a right in rem within the meaning of
paragraph 1 may be obtained, shall be considered a right in rem.
4. Paragraph 1 shall not preclude actions for voidness, voidability or
unenforceability asreferred to in Article 4(2)(m).
Article 6
Set-off
1. The opening of insolvency proceedings shall not affect the right
of creditors to demand the set-off of their claims against the claims ofthe debtor, where such a set-off is permitted by the law applicable tothe insolvent debtor's claim.
2. Paragraph 1 shall not preclude actions for voidness, voidability or
unenforceability asreferred to in Article 4(2)(m).
Article 7
Reservationoftitle
1. The opening of insolvency proceedings against the purchaser of
an asset shall not affect the seller's rights based on a reservation of titlewhere at the time of the opening of proceedings the asset is situated
within the territory of a Member State other than the State of opening
of proceedings.
2. The opening of insolvency proceedings against the seller of an
asset, after delivery of the asset, shall not constitute grounds forrescinding or terminating the sale and shall not prevent the purchaserfrom acquiring title where at the time of the opening of proceedingsthe asset sold is situated within the territory of a Member State otherthan the State of the opening of proceedings.
3. Paragraphs 1 and 2 shall not preclude actions for voidness, void-
ability or unenforceability asreferred to in Article 4(2)(m).2000R1346 — EN — 01.05.2004 — 001.001 — 9
▼B
Article 8
Contractsrelatingtoimmoveable property
The effectsof ins olvency proceedingson a contract conferring the right
to acquire or make use of immoveable property shall be governed
solely by the law of the Member State within the territory of whichthe immoveable property iss ituated.
Article 9
Paymentsystemsandfinancialmarkets
1. Without prejudice to Article 5, the effectsof ins olvency proceed-
ingson the rightsand obligationsof the partiesto a payment orsettlement system or to a financial market shall be governed solely bythe law of the Member State applicable to that system or market.
2. Paragraph 1 shall not preclude any action for voidness, voidability
or unenforceability which may be taken to set aside payments or trans-actions under the law applicable to the relevant payment system orfinancial market.
Article 10
Contractsofemployment
The effectsof ins olvency proceedingson employment contractsand
relationships shall be governed solely by the law of the Member Stateapplicable to the contract of employment.
Article 11
Effectsonrightssubjecttoregistration
The effectsof ins olvency proceedingson the rightsof the debtor in
immoveable property, a ship or an aircraft subject to registration in a
public register shall be determined by the law of the Member State
under the authority of which the register is kept.
Article 12
Communitypatentsandtrademarks
For the purposes of this Regulation, a Community patent, a Community
trade mark or any other similar right established by Community law
may be included only in the proceedingsreferred to in Article 3(1).
Article 13
Detrimentalacts
Article 4(2)(m) shall not apply where the person who benefited from an
act detrimental to all the creditorsprovidesproof that:
— the said act is subject to the law of a Member State other than that
of the State of the opening of proceedings, and
— that law doesnot allow any meansof challenging that act in the
relevant case.
Article 14
Protection ofthird-partypurchasers
Where, by an act concluded after the opening of insolvency proceed-
ings, the debtor disposes, for consideration, of:
— an immoveable asset, or
— a ship or an aircraft subject to registration in a public register, or
— securities whose existence presupposes registration in a register laid
down by law,
the validity of that act shall be governed by the law of the State within
the territory of which the immoveable asset is situated or under theauthority of which the register is kept.2000R1346 — EN — 01.05.2004 — 001.001 — 10
▼B
Article 15
Effectsofinsolvencyproceedingsonlawsuitspending
The effects of insolvency proceedings on a lawsuit pending concerning
an asset or a right of which the debtor has been divested shall begoverned solely by the law of the Member State in which that lawsuit
ispending.
CHAPTER II
RECOGNITIONOFINSOLVENCYPROCEEDINGS
Article 16
Principle
1. Any judgment opening insolvency proceedings handed down by a
court of a Member State which has jurisdiction pursuant to Article 3
shall be recognised in all the other Member States from the time thatit becomeseffective in the State of the opening of proceedings .
This rule shall also apply where, on account of his capacity, insolvency
proceedingscannot be brought agains t the debtor in other MemberStates.
2. Recognition of the proceedingsreferred to in Article 3(1) s hall
not preclude the opening of the proceedingsreferred to in Article 3(2)
by a court in another Member State. The latter proceedingss hall be
secondary insolvency proceedings within the meaning of Chapter III.
Article 17
Effectsofrecognition
1. The judgment opening the proceedingsreferred to in Article 3(1)
shall, with no further formalities, produce the same effects in any other
Member State asunder thislaw of the State of the opening of proceed-ings, unless this Regulation provides otherwise and as long as noproceedingsreferred to in Article 3(2) are opened in that other MemberState.
2. The effectsof the proceedingsreferred to in Article 3(2) may not
be challenged in other Member States. Any restriction of the creditors'
rights, in particular a stay or discharge, shall produce effects vis-à-vis
assets situated within the territory of another Member State only in thecase of those creditors who have given their consent.
Article 18
Powersoftheliquidator
1. The liquidator appointed by a court which hasjuris diction
pursuant to Article 3(1) may exercise all the powers conferred on himby the law of the State of the opening of proceedingsin anotherMember State, aslong asno other ins olvency proceedingshave beenopened there nor any preservation measure to the contrary has been
taken there further to a request for the opening of insolvency proceed-
ings in that State. He may in particular remove the debtor's assets fromthe territory of the Member State in which they are situated, subject toArticles5 and 7.
2. The liquidator appointed by a court which hasjuris diction
pursuant to Article 3(2) may in any other Member State claim throughthe courtsor out of court that moveable property wasremoved from
the territory of the State of the opening of proceedingsto the territory
of that other Member State after the opening of the insolvencyproceedings. He may also bring any action to set aside which is in theinterests of the creditors.
3. In exercising his powers, the liquidator shall comply with the law
of the Member State within the territory of which he intendsto takeaction, in particular with regard to proceduresfor the realis ation of2000R1346 — EN — 01.05.2004 — 001.001 — 11
▼B
assets. Those powers may not include coercive measures or the right to
rule on legal proceedings or disputes.
Article 19
Proofoftheliquidator'sappointment
The liquidator'sappointment s hall be evidenced by a certified copy of
the original decision appointing him or by any other certificate issued
by the court which hasjuris diction.
A translation into the official language or one of the official languages
of the Member State within the territory of which he intendsto act may
be required. No legalisation or other similar formality shall be required.
Article 20
Returnandimputation
1. A creditor who, after the opening of the proceedingsreferred to in
Article 3(1) obtainsby any means , in particular through enforcement,total or partial satisfaction of his claim on the assets belonging to thedebtor situated within the territory of another Member State, shallreturn what he hasobtained to the liquidator, s ubject to Articles5 and
7.
2. In order to ensure equal treatment of creditors a creditor who has,
in the course of insolvency proceedings, obtained a dividend on his
claim shall share in distributions made in other proceedings only where
creditors of the same ranking or category have, in those other proceed-ings, obtained an equivalent dividend.
Article 21
Publication
1. The liquidator may request that notice of the judgment opening
insolvency proceedings and, where appropriate, the decision appointinghim, be published in any other Member State in accordance with thepublication proceduresprovided for in that State. Such publication s hall
also specify the liquidator appointed and whether the jurisdiction rule
applied isthat purs uant to Article 3(1) or Article 3(2).
2. However, any Member State within the territory of which the
debtor has an establishment may require mandatory publication. Insuch cases, the liquidator or any authority empowered to that effect inthe Member State where the proceedingsreferred to in Article 3(1) areopened shall take all necessary measures to ensure such publication.
Article 22
Registrationinapublicregister
1. The liquidator may request that the judgment opening the
proceedings referred to in Article 3(1) be registered in the land register,
the trade register and any other public register kept in the other
Member States.
2. However, any Member State may require mandatory registration.
In such cases, the liquidator or any authority empowered to that effect
in the Member State where the proceedingsreferred to in Article 3(1)have been opened shall take all necessary measures to ensure suchregistration.
Article 23
Costs
The costs of the publication and registration provided for in Articles 21
and 22 shall be regarded as costs and expenses incurred in the proceed-ings.2000R1346 — EN — 01.05.2004 — 001.001 — 12
▼B
Article 24
Honouringofanobligationtoadebtor
1. Where an obligation hasbeen honoured in a Member State for the
benefit of a debtor who is subject to insolvency proceedings opened inanother Member State, when it should have been honoured for thebenefit of the liquidator in those proceedings, the person honouringthe obligation shall be deemed to have discharged it if he was unawareof the opening of proceedings.
2. Where such an obligation is honoured before the publication
provided for in Article 21 hasbeen effected, the pers on honouring the
obligation shall be presumed, in the absence of proof to the contrary, to
have been unaware of the opening of insolvency proceedings; wherethe obligation ishonoured after s uch publication hasbeen effected,the person honouring the obligation shall be presumed, in the absenceof proof to the contrary, to have been aware of the opening of proceed-ings.
Article 25
Recognitionandenforceability ofotherjudgments
1. Judgmentshanded down by a court whos e judgment concerning
the opening of proceedingsisrecognis ed in accordance with Article 16
and which concern the course and closure of insolvency proceedings,and compositions approved by that court shall also be recognised withno further formalities. Such judgments shall be enforced in accordancewith Articles31 to 51, with the exception of Article 34(2), of the Brus -sels Convention on Jurisdiction and the Enforcement of Judgments in
Civil and Commercial Matters, as amended by the Conventions of
Accession to this Convention.
The first subparagraph shall also apply to judgments deriving directly
from the insolvency proceedings and which are closely linked withthem, even if they were handed down by another court.
The first subparagraph shall also apply to judgments relating to preser-
vation measures taken after the request for the opening of insolvencyproceedings.
2. The recognition and enforcement of judgmentsother than thos e
referred to in paragraph 1 shall be governed by the Convention referredto in paragraph 1, provided that that Convention isapplicable.
3. The Member States shall not be obliged to recognise or enforce a
judgment referred to in paragraph 1 which might result in a limitationof personal freedom or postal secrecy.
Article 26 (
1)
Publicpolicy
Any Member State may refuse to recognise insolvency proceedings
opened in another Member State or to enforce a judgment handeddown in the context of such proceedings where the effects of such
recognition or enforcement would be manifestly contrary to that State's
public policy, in particular itsfundamental principlesor the cons titu-tional rightsand libertiesof the individual.2000R1346 — EN — 01.05.2004 — 001.001 — 13
(1) Note the Declaration by Portugal concerning the application of Articles26
and 37 (OJ C 183, 30.6.2000, p. 1).
▼B
CHAPTER III
SECONDARYINSOLVENCYPROCEEDINGS
Article 27
Openingofproceedings
The opening of the proceedingsreferred to in Article 3(1) by a court of
a Member State and which isrecognis ed in another Member State
(main proceedings) shall permit the opening in that other MemberState, a court of which has jurisdiction pursuant to Article 3(2), ofsecondary insolvency proceedings without the debtor's insolvencybeing examined in that other State. These latter proceedings must beamong the proceedings listed in Annex B. Their effects shall be
restricted to the assets of the debtor situated within the territory of
that other Member State.
Article 28
Applicablelaw
Save asotherwis e provided in thisRegulation, the law applicable to
secondary proceedings shall be that of the Member State within theterritory of which the secondary proceedings are opened.
Article 29
Righttorequesttheopeningofproceedings
The opening of secondary proceedings may be requested by:
(a) the liquidator in the main proceedings;
(b) any other person or authority empowered to request the opening of
insolvency proceedings under the law of the Member State withinthe territory of which the opening of secondary proceedings isrequested.
Article 30
Advancepaymentofcostsandexpenses
Where the law of the Member State in which the opening of secondary
proceedings is requested requires that the debtor's assets be sufficient to
cover in whole or in part the costs and expenses of the proceedings, the
court may, when it receives such a request, require the applicant tomake an advance payment of costs or to provide appropriate security.
Article 31
Dutytocooperate andcommunicateinformation
1. Subject to the rulesres tricting the communication of information,
the liquidator in the main proceedingsand the liquidatorsin thesecondary proceedings shall be duty bound to communicate informa-tion to each other. They shall immediately communicate anyinformation which may be relevant to the other proceedings, in parti-
cular the progress made in lodging and verifying claims and all
measures aimed at terminating the proceedings.
2. Subject to the rulesapplicable to each of the proceedings , the
liquidator in the main proceedingsand the liquidatorsin the s econdary
proceedingss hall be duty bound to cooperate with each other.
3. The liquidator in the secondary proceedings shall give the liqui-
dator in the main proceedingsan early opportunity of s ubmittingproposals on the liquidation or use of the assets in the secondaryproceedings.2000R1346 — EN — 01.05.2004 — 001.001 — 14
▼B
Article 32
Exercise ofcreditors' rights
1. Any creditor may lodge hisclaim in the main proceedingsand in
any secondary proceedings.
2. The liquidators in the main and any secondary proceedings shall
lodge in other proceedingsclaimswhich have already been lodged inthe proceedingsfor which they were appointed, provided that the inter-ests of creditors in the latter proceedings are served thereby, subject tothe right of creditorsto oppos e that or to withdraw the lodgement of
their claims where the law applicable so provides.
3. The liquidator in the main or secondary proceedings shall be
empowered to participate in other proceedings on the same basis as a
creditor, in particular by attending creditors' meetings.
Article 33
Stayofliquidation
1. The court, which opened the secondary proceedings, shall stay the
process of liquidation in whole or in part on receipt of a request fromthe liquidator in the main proceedings, provided that in that event it
may require the liquidator in the main proceedingsto take any s uitable
measure to guarantee the interests of the creditors in the secondaryproceedings and of individual classes of creditors. Such a requestfrom the liquidator may be rejected only if it ismanifes tly of nointerest to the creditors in the main proceedings. Such a stay of the
process of liquidation may be ordered for up to three months. It may
be continued or renewed for similar periods.
2. The court referred to in paragraph 1 shall terminate the stay of the
process of liquidation:
— at the request of the liquidator in the main proceedings,
— of its own motion, at the request of a creditor or at the request of
the liquidator in the secondary proceedings if that measure no
longer appears justified, in particular, by the interests of creditorsin the main proceedings or in the secondary proceedings.
Article 34
Measuresendingsecondaryinsolvencyproceedings
1. Where the law applicable to secondary proceedings allows for
such proceedings to be closed without liquidation by a rescue plan, a
composition or a comparable measure, the liquidator in the main
proceedings shall be empowered to propose such a measure himself.
Closure of the secondary proceedings by a measure referred to in the
first subparagraph shall not become final without the consent of theliquidator in the main proceedings; failing his agreement, however, itmay become final if the financial interests of the creditors in the mainproceedings are not affected by the measure proposed.
2. Any restriction of creditors' rights arising from a measure referred
to in paragraph 1 which is proposed in secondary proceedings, such as
a stay of payment or discharge of debt, may not have effect in respect
of the debtor's assets not covered by those proceedings without theconsent of all the creditors having an interest.
3. During a stay of the process of liquidation ordered pursuant to
Article 33, only the liquidator in the main proceedingsor the debtor,with the former's consent, may propose measures laid down inparagraph 1 of this Article in the secondary proceedings; no otherproposal for such a measure shall be put to the vote or approved.2000R1346 — EN — 01.05.2004 — 001.001 — 15
▼B
Article 35
Assetsremaininginthesecondaryproceedings
If by the liquidation of assets in the secondary proceedings it is
possible to meet all claims allowed under those proceedings, the liqui-dator appointed in those proceedings shall immediately transfer anyassets remaining to the liquidator in the main proceedings.
Article 36
Subsequentopeningofthemainproceedings
Where the proceedingsreferred to in Article 3(1) are opened following
the opening of the proceedingsreferred to in Article 3(2) in anotherMember State, Articles 31 to 35 shall apply to those opened first, in
so far as the progress of those proceedings so permits.
Article 37 (
1)
Conversionofearlier proceedings
The liquidator in the main proceedingsmay reques t that proceedings
listed in Annex A previously opened in another Member State be
converted into winding-up proceedingsif thisprovesto be in the inter-ests of the creditors in the main proceedings.
The court with jurisdiction under Article 3(2) shall order conversion
into one of the proceedingslis ted in Annex B.
Article 38
Preservation measures
Where the court of a Member State which has jurisdiction pursuant to
Article 3(1) appoints a temporary administrator in order to ensure the
preservation of the debtor's assets, that temporary administrator shall
be empowered to request any measures to secure and preserve any ofthe debtor's assets situated in another Member State, provided for underthe law of that State, for the period between the request for the openingof insolvency proceedings and the judgment opening the proceedings.
CHAPTER IV
PROVISION OF INFORMATION FOR CREDITORS AND
LODGEMENTOFTHEIRCLAIMS
Article 39
Righttolodgeclaims
Any creditor who has his habitual residence, domicile or registered
office in a Member State other than the State of the opening ofproceedings, including the tax authorities and social security authorities
of Member States, shall have the right to lodge claims in the insol-
vency proceedingsin writing.
Article 40
Dutytoinformcreditors
1. As soon as insolvency proceedings are opened in a Member State,
the court of that State having jurisdiction or the liquidator appointed byit shall immediately inform known creditors who have their habitualresidences, domiciles or registered offices in the other Member States.
2. That information, provided by an individual notice, shall in parti-
cular include time limits, the penalties laid down in regard to those
time limits, the body or authority empowered to accept the lodgementof claims and the other measures laid down. Such notice shall also2000R1346 — EN — 01.05.2004 — 001.001 — 16
(1) Note the Declaration by Portugal concerning the application of Articles26
and 37 (OJ C 183, 30.6.2000, p. 1).
▼B
indicate whether creditors whose claims are preferential or secured in
rem need lodge their claims.
Article 41
Contentofthelodgementofaclaim
A creditor shall send copies of supporting documents, if any, and shall
indicate the nature of the claim, the date on which it arose and its
amount, aswell aswhether he allegespreference, s ecurity in rem or a
reservation of title in respect of the claim and what assets are coveredby the guarantee he isinvoking.
Article 42
Languages
1. The information provided for in Article 40 shall be provided in
the official language or one of the official languagesof the State ofthe opening of proceedings. For that purpose a form shall be usedbearing the heading ‘Invitation to lodge a claim. Time limitsto beobserved’ in all the official languages of the institutions of the
European Union.
2. Any creditor who has his habitual residence, domicile or regis-
tered office in a Member State other than the State of the opening ofproceedingsmay lodge hisclaim in the official language or one of theofficial languagesof that other State. In that event, however, the lodge-
ment of hisclaim s hall bear the heading ‘Lodgement of claim’ in the
official language or one of the official languagesof the State of theopening of proceedings. In addition, he may be required to provide atranslation into the official language or one of the official languagesof the State of the opening of proceedings.
CHAPTER V
TRANSITIONALANDFINALPROVISIONS
Article 43
Applicabilityintime
The provisions of this Regulation shall apply only to insolvency
proceedingsopened after itsentry into force. Actsdone by a debtorbefore the entry into force of thisRegulation s hall continue to be
governed by the law which wasapplicable to them at the time they
were done.
Article 44
RelationshiptoConventions
1. After its entry into force, this Regulation replaces, in respect of
the mattersreferred to therein, in the relationsbetween Member States ,the Conventionsconcluded between two or more Member States , inparticular:
(a) the Convention between Belgium and France on Jurisdiction and
the Validity and Enforcement of Judgments, Arbitration Awards
and Authentic Instruments, signed at Paris on 8 July 1899;
(b) the Convention between Belgium and Austria on Bankruptcy,
Winding-up, Arrangements, Compositions and Suspension ofPayments(with Additional Protocol of 13 June 1973), s igned atBrussels on 16 July 1969;
(c) the Convention between Belgium and the Netherlandson Terri-
torial Jurisdiction, Bankruptcy and the Validity and Enforcementof Judgments, Arbitration Awards and Authentic Instruments,signed at Brussels on 28 March 1925;
(d) the Treaty between Germany and Austria on Bankruptcy,
Winding-up, Arrangements and Compositions, signed at Viennaon 25 May 1979;2000R1346 — EN — 01.05.2004 — 001.001 — 17
▼B
(e) the Convention between France and Austria on Jurisdiction,
Recognition and Enforcement of Judgmentson Bankruptcy, s ignedat Vienna on 27 February 1979;
(f) the Convention between France and Italy on the Enforcement of
Judgments in Civil and Commercial Matters, signed at Rome on3 June 1930;
(g) the Convention between Italy and Austria on Bankruptcy,
Winding-up, Arrangements and Compositions, signed at Rome on12 July 1977;
(h) the Convention between the Kingdom of the Netherlandsand the
Federal Republic of Germany on the Mutual Recognition andEnforcement of Judgmentsand other Enforceable Ins trumentsinCivil and Commercial Matters, signed at The Hague on 30 August1962;
(i) the Convention between the United Kingdom and the Kingdom of
Belgium providing for the Reciprocal Enforcement of Judgmentsin Civil and Commercial Matters, with Protocol, signed at Brusselson 2 May 1934;
(j) the Convention between Denmark, Finland, Norway, Sweden and
Iceland on Bankruptcy, signed at Copenhagen on 7 November1933;
(k) the European Convention on Certain International Aspects of
Bankruptcy, signed at Istanbul on 5 June 1990;
(l) the Convention between the Federative People'sRepublic of Yugo-
slavia and the Kingdom of Greece on the Mutual Recognition and
Enforcement of Judgments, signed at Athens on 18 June 1959;
(m) the Agreement between the Federative People'sRepublic of Yugo-
slavia and the Republic of Austria on the Mutual Recognition and
Enforcement of Arbitral Awardsand Arbitral Settlementsin
Commercial Matters, signed at Belgrade on 18 March 1960;
(n) the Convention between the Federative People'sRepublic of Yugo-
slavia and the Republic of Italy on Mutual Judicial Cooperation in
Civil and Administrative Matters, signed at Rome on 3 December
1960;
(o) the Agreement between the Socialist Federative Republic of Yugo-
slavia and the Kingdom of Belgium on Judicial Cooperation inCivil and Commercial Matters, signed at Belgrade on 24
September 1971;
(p) the Convention between the Governmentsof Yugos lavia and
France on the Recognition and Enforcement of Judgmentsin Civiland Commercial Matters, signed at Paris on 18 May 1971;
(q) the Agreement between the Czechoslovak Socialist Republic and
the Hellenic Republic on Legal Aid in Civil and Criminal Matters,signed at Athens on 22 October 1980, still in force between theCzech Republic and Greece;
(r) the Agreement between the Czechoslovak Socialist Republic and
the Republic of Cypruson Legal Aid in Civil and CriminalMatters, signed at Nicosia on 23 April 1982, still in force betweenthe Czech Republic and Cyprus;
(s) the Treaty between the Government of the Czechoslovak Socialist
Republic and the Government of the Republic of France on LegalAid and the Recognition and Enforcement of Judgmentsin Civil,Family and Commercial Matters, signed at Paris on 10 May 1984,
still in force between the Czech Republic and France;
(t) the Treaty between the Czechoslovak Socialist Republic and the
Italian Republic on Legal Aid in Civil and Criminal Matters,signed at Prague on 6 December 1985, still in force between the
Czech Republic and Italy;
(u) the Agreement between the Republic of Latvia, the Republic of
Estonia and the Republic of Lithuania on Legal Assistance andLegal Relationships, signed at Tallinn on 11 November 1992;2000R1346 — EN — 01.05.2004 — 001.001 — 18
▼A1
▼A1
(v) the Agreement between Estonia and Poland on Granting Legal Aid
and Legal Relations on Civil, Labour and Criminal Matters, signedat Tallinn on 27 November 1998;
(w) the Agreement between the Republic of Lithuania and the
Republic of Poland on Legal Assistance and Legal Relations inCivil, Family, Labour and Criminal Matters, signed in Warsaw on26 January 1993.
2. The Conventionsreferred to in paragraph 1 s hall continue to have
effect with regard to proceedingsopened before the entry into force of
thisRegulation.
3. ThisRegulation s hall not apply:
(a) in any Member State, to the extent that it isirreconcilable with the
obligationsaris ing in relation to bankruptcy from a conventionconcluded by that State with one or more third countriesbeforethe entry into force of thisRegulation;
(b) in the United Kingdom of Great Britain and Northern Ireland, to
the extent that isirreconcilable with the obligationsaris ing in rela-tion to bankruptcy and the winding-up of insolvent companies fromany arrangementswith the Commonwealth exis ting at the time thisRegulation entersinto force.
Article 45
AmendmentoftheAnnexes
The Council, acting by qualified majority on the initiative of one of its
members or on a proposal from the Commission, may amend the
Annexes.
Article 46
Reports
No later than 1 June 2012, and every five yearsthereafter, the
Commission shall present to the European Parliament, the Council and
the Economic and Social Committee a report on the application of thisRegulation. The report shall be accompanied if need be by a proposalfor adaptation of thisRegulation.
Article 47
Entryintoforce
ThisRegulation s hall enter into force on 31 May 2002.
ThisRegulation s hall be binding in itsentirety and directly applicable
in the Member States in accordance with the Treaty establishing theEuropean Community.2000R1346 — EN — 01.05.2004 — 001.001 — 19
▼B
▼B
ANNEXA
Insolvency proceedings referred to in Article 2(a)
BELGIË—BELGIQUE
— Het faillissement — La faillite
— Het gerechtelijk akkoord — Le concordat judiciaire— De collectieve schuldenregeling — Le règlement collectif de dettes
ČESKÁREPUBLIKA
— Konkurs
— Nucené vyrovnání
— Vyrovnání
DEUTSCHLAND
— DasKonkurs verfahren
— Dasgerichtliche Vergleichs verfahren— Das Gesamtvollstreckungsverfahren
— DasIns olvenzverfahren
EESTI
— Pankrotimenetlus
ΕΛΛΑΣ
—Πτώχευση
—Η ειδική εκκαθάριση
—Η προσωρινή διαχείριση εταιρίας. Η διοίκηση και η διαχείριση των
πιστωτών
—Η υπαγωγή επιχείρησης υπό επίτροπο µε σκοπό τη σύναψη συµβι-
βασµού µε τους πιστωτές
ESPAÑA
— Concurso de acreedores
— Quiebra— Suspensión de pagos
FRANCE
— Liquidation judiciaire
— Redressement judiciaire avec nomination d'un administrateur
IRELAND
— Compulsory winding up by the court
— Bankruptcy— The administration in bankruptcy of the estate of persons dying insolvent
— Winding-up in bankruptcy of partnerships
— Creditors' voluntary winding up (with confirmation of a Court)— Arrangementsunder the control of the court which involve the ves ting of all
or part of the property of the debtor in the Official Assignee for realisation
and distribution
— Company examinership
ITALIA
— Fallimento
— Concordato preventivo— Liquidazione coatta amministrativa— Amministrazione straordinaria
— Amministrazione controllata2000R1346 — EN — 01.05.2004 — 001.001 — 20
▼A1
▼B
▼A1
▼B
▼A1
ΚΥΠΡΟΣ
—Υποχρεωτική εκκαθάριση από το ∆ικαστήριο (Compulsory winding up
by the court)
—Εκούσια εκκαθάριση από πιστωτές κατόπιν ∆ικαστικού ∆ιατάγµατος
(Creditor'svoluntary winding up by court order)
—Εκούσια εκκαθάριση από µέλη (Company's(members ) voluntary winding
up)
—Εκκαθάριση µε την εποπτεία του ∆ικαστηρίου (Winding up subject to
the supervision of the court)
—Πτώχευση κατόπιν ∆ικαστικού ∆ιατάγµατος (Bankruptcy by court order)
—∆ιαχείριση της περιουσίας προσώπων που απεβίωσαν αφερέγγυα (The
administration of the estate of persons dying insolvent)
LATVIJA
— maks ātnesp ēja
LIETUVA
— Bankroto byla
— Bankroto proced ūra
— Likvidavimo proced ūra
LUXEMBOURG
— Faillite
— Gestion contrôlée— Concordat préventif de faillite (par abandon d'actif)
— Régime spécial de liquidation du notariat
MAGYARORSZÁG
—C s ődeljárás
— Felszámolási eljárás
MALTA
— Falliment
— Stral ċpermezz tal-Qorti
— Stral ċvolontarju tal-kredituri
NEDERLAND
— Het faillissement
— De surséance van betaling
— De schuldsaneringsregeling natuurlijke personen
ÖSTERREICH
— DasKonkurs verfahren
— Das Ausgleichsverfahren
POLSKA
— Post ępowanie upadło ściowe,
— Post ępowanie układowe
PORTUGAL
— O processo de falência
— Os processos especiais de recuperação de empresa, ou seja:
— A concordata
— A reconstituição empresarial
— A reestruturação financeira
— A gestão controlada2000R1346 — EN — 01.05.2004 — 001.001 — 21
▼B
▼A1
▼B
▼A1
▼B
▼A1
SLOVENIJA
— Ste čajni postopek
— Skrajšani ste čajni postopek
— Postopek prisilne poravnave— Prisilna poravnava v ste čaju
— Likvidacija pravne osebe pred sodiš čem
SLOVENSKO
— Konkurzné konanie
— Nútené vyrovnanie— Vyrovnanie
SUOMI—FINLAND
— Konkurssi — konkurs
— Yrityssaneeraus — företagssanering
SVERIGE
— Konkurs
— Företagsrekonstruktion
UNITEDKINGDOM
— Winding up by or subject to the supervision of the court
— Creditors' voluntary winding up (with confirmation by the court)— Administration— Voluntary arrangements under insolvency legislation— Bankruptcy or sequestration2000R1346 — EN — 01.05.2004 — 001.001 — 22
▼B
▼B
ANNEXB
Winding up proceedings referred to in Article 2(c)
BELGIË—BELGIQUE
— Het faillissement — La faillite
ČESKÁREPUBLIKA
— Konkurs
— Nucené vyrovnání
DEUTSCHLAND
— DasKonkurs verfahren
— Das Gesamtvollstreckungsverfahren
— DasIns olvenzverfahren
EESTI
— Pankrotimenetlus
ΕΛΛΑΣ
—Πτώχευση
—Η ειδική εκκαθάριση
ESPAÑA
— Concurso de acreedores
— Quiebra
— Suspensión de pagos basada en la insolvencia definitiva
FRANCE
— Liquidation judiciaire
IRELAND
— Compulsory winding up
— Bankruptcy
— The administration in bankruptcy of the estate of persons dying insolvent
— Winding-up in bankruptcy of partnerships— Creditors' voluntary winding up (with confirmation of a court)— Arrangementsunder the control of the court which involve the ves ting of all
or part of the property of the debtor in the Official Assignee for realisation
and distribution
ITALIA
— Fallimento
— Liquidazione coatta amministrativa
ΚΥΠΡΟΣ
—Υποχρεωτική εκκαθάριση από το ∆ικαστήριο (Compulsory winding up
by the court)
—Εκκαθάριση µε την εποπτεία του ∆ικαστηρίου (Winding up subject to
the supervision of the court)
—Εκούσια εκκαθάριση από πιστωτές (µε την επικύρωση του ∆ικασ-
τηρίου) (Creditor'svoluntary winding up (with confirmation by the court))
—Πτώχευση (Bankruptcy)
—∆ιαχείριση της περιουσίας προσώπων που απεβίωσαν αφερέγγυα (The
administration of the estate of persons dying insolvent)2000R1346 — EN — 01.05.2004 — 001.001 — 23
▼A1
▼B
▼A1
▼B
▼A1
▼A1
LATVIJA
— bankrots
— likvid ācija
—sa n ācija
LIETUVA
— Likvidavimo proced ūra
LUXEMBOURG
— Faillite
— Régime spécial de liquidation du notariat
MAGYARORSZÁG
—C s ődeljárás
— Felszámolási eljárás
MALTA
— Falliment
— Stral ċpermezz tal-Qorti
— Stral ċvolontarju tal-kredituri
NEDERLAND
— Het faillissement
— De schuldsaneringsregeling natuurlijke personen
ÖSTERREICH
— DasKonkurs verfahren
POLSKA
— Post ępowanie upadło ściowe
PORTUGAL
— O processo de falência
SLOVENIJA
— Ste čajni postopek
— Skrajšani ste čajni postopek
— Likvidacija pravne osebe pred sodiš čem
SLOVENSKO
— Konkurzné konanie
— Nútené vyrovnanie— Vyrovnanie
SUOMI—FINLAND
— Konkurssi — konkurs
SVERIGE
— Konkurs
UNITEDKINGDOM
— Winding up by or subject to the supervision of the court
— Creditors' voluntary winding up (with confirmation by the court)2000R1346 — EN — 01.05.2004 — 001.001 — 24
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
— Bankruptcy or sequestration2000R1346 — EN — 01.05.2004 — 001.001 — 25
▼B
ANNEXC
Liquidators referred to in Article 2(b)
BELGIË—BELGIQUE
— De curator — Le curateur
— De commissaris inzake opschorting — Le commissaire au sursis
— De schuldbemiddelaar — Le médiateur de dettes
ČESKÁREPUBLIKA
— Správce podstaty
—P ředběžný správce
— Vyrovnací správce
— Zvláštní správce— Zástupce správce
DEUTSCHLAND
— Konkursverwalter
— Vergleichsverwalter— Sachwalter (nach der Vergleichsordnung)— Verwalter
— Insolvenzverwalter
— Sachwalter (nach der Insolvenzordnung)— Treuhänder— Vorläufiger Insolvenzverwalter
EESTI
— Pankrotihaldur
— Ajutine pankrotihaldur— Usaldusisik
ΕΛΛΑΣ
—Ο σύνδικο
—Ο προσωρινός διαχειριστής. Η διοικούσα επιτροπή των πιστωτών
—Ο ειδικός εκκαθαριστής
—Ο επίτροπος
ESPAÑA
— Depositario-administrador
— Interventor o Interventores
— Síndicos— Comisario
FRANCE
— Représentant des créanciers
— Mandataire liquidateur— Administrateur judiciaire
— Commissaire à l'exécution de plan
IRELAND
— Liquidator
— Official Assignee
— Trustee in bankruptcy— Provisional Liquidator— Examiner2000R1346 — EN — 01.05.2004 — 001.001 — 26
▼A1
▼B
▼A1
▼B
▼B
ITALIA
— Curatore
— Commissario
ΚΥΠΡΟΣ
—Εκκαθαριστής και Προσωρινός Εκκαθαριστής (Liquidator and Provi-
sional liquidator)
—Επίσηµος Παραλήπτης (Official Receiver)
—∆ιαχειριστής της Πτώχευσης (Trustee in bankruptcy)
—Εξεταστής (Examiner)
LATVIJA
— administrators
— tiesu izpild ītājs
— likvidators
LIETUVA
—Įmon ėsadminis tratorius
—Įmon ėslikvidatorius
LUXEMBOURG
— Le curateur
— Le commissaire
— Le liquidateur
— Le conseil de gérance de la section d'assainissement du notariat
MAGYARORSZÁG
— Vagyonfelügyel ő
— Felszámoló
MALTA
— Kuratur tal-fallut
— Likwidatur
—R i ċevitur uffi ċjali
NEDERLAND
— De curator in het faillissement
— De bewindvoerder in de surséance van betaling
— De bewindvoerder in de schuldsaneringsregeling natuurlijke personen
ÖSTERREICH
— Masseverwalter
— Ausgleichsverwalter
— Sachwalter
— Treuhänder
— Besondere Verwalter
— Vorläufiger Verwalter— Konkursgericht
POLSKA
— Syndyk
— Nadzorca s ądowy
PORTUGAL
— Gestor judicial2000R1346 — EN — 01.05.2004 — 001.001 — 27
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
— Liquidatário judicial
— Comissão de credores
SLOVENIJA
— Poravnalni senat (senat treh sodnikov)
— Upravitelj prisilne poravnave
— Ste čajni senat (senat treh sodnikov)
— Ste čajni upravitelj
— Upniški odbor— Likvidacijski senat (kot ste čajni senat, če sodiš če ne odlo či druga če)
— Likvidacijski upravitelj (kot ste čajni upravitelj, če sodiš če ne odlo či druga če)
SLOVENSKO
— Predbežný správca
— Konkurzný správca— Vyrovnací správca— Osobitný správca
SUOMI—FINLAND
— Pesänhoitaja — boförvaltare
— Selvittäjä — utredare
SVERIGE
— Förvaltare
— God man
— Rekonstruktör
UNITEDKINGDOM
— Liquidator
— Supervisor of a voluntary arrangement— Administrator— Official Receiver
— Trustee
— Judicial factor2000R1346 — EN — 01.05.2004 — 001.001 — 28
▼A1
▼B