COMMISSION IMPLEMENTING REGULATION (EU) 2017/1105

of 12 June 2017

establishing the forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (1), and in particular Article 88 thereof,

After consulting the committee established by Article 89(1) of Regulation (EU) 2015/848,

Whereas:

In order to ensure uniform conditions for implementing Regulation (EU) 2015/848 several forms should be established.

In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland and the United Kingdom took part in the adoption of Regulation (EU) 2015/848. Therefore Ireland and the United Kingdom are taking part in the adoption of this Regulation.

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2015/848. Therefore Denmark is not taking part in the adoption of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1. The standard notice form to be used to inform known foreign creditors of the opening of insolvency proceedings, as referred to in Article 54(3) of Regulation (EU) 2015/848, shall be as set out in Annex I to this Regulation.

2. The standard claims form which may be used by foreign creditors for the lodgement of claims, as referred to in Article 55(1) of Regulation (EU) 2015/848, shall be as set out in Annex II to this Regulation.

3. The standard form which may be used by insolvency practitioners appointed in respect of group members for the lodgement of objections in group coordination proceedings, as referred to in the second subparagraph of Article 64(2) of Regulation (EU) 2015/848, shall be as set out in Annex III to this Regulation.

4. The standard form to be used for the electronic submission of individual requests for information via the European e-Justice Portal, as referred to in the first subparagraph of Article 27(4) of Regulation (EU) 2015/848, shall be as set out in Annex IV to this Regulation

Article 2

This Regulation shall enter into force on 26 June 2017.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

(1) OJ L 141, 5.6.2015, p. 19.

ANNEX I

BG

Съобщение за производство по несъстоятелност

ES

Anuncio de procedimiento de insolvencia

CS

Oznámení o insolvenčním řízení

DA

Meddelelse om indledning af insolvensbehandling

DE

Mitteilung über ein Insolvenzverfahren

EN

Notice of insolvency proceedings

ET

Maksejõuetusmenetluse teatis

EL

Ανακοίνωση διαδικασίας αφερεγγυότητας

FR

Note concernant la procédure d'insolvabilité

GA

Fógra faoi imeachtaí dócmhainneachta

HR

Obavijest o postupku u slučaju nesolventnosti

IT

Avviso di procedura d'insolvenza

LV

Paziņojums par maksātnespējas procedūru

LT

Pranešimas apie nemokumo bylą

HU

Értesítés fizetésképtelenségi eljárásról

MT

Avviż ta' proċedimenti ta' insolvenza

NL

Kennisgeving van insolventieprocedure

PL

Powiadomienie o postępowaniu upadłościowym

PT

Aviso sobre processo de insolvência

RO

Notificare privind procedura de insolvență

SK

Oznam o insolvenčnom konaní

SL

Obvestilo o postopku v primeru insolventnosti

FI

Ilmoitus maksukyvyttömyysmenettelystä

SV

Underrättelse om insolvensförfaranden

(Article 54(3) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19)).

IMPORTANT INFORMATION FOR CREDITORS You are hereby informed in accordance with Article 54 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings that insolvency proceedings (1) have been opened in another Member State with regard to your debtor (indicated in point 1 of this form). You are invited to lodge any claims you have against the debtor, as set out below. You may be invited to lodge any claims you have against the debtor by separate notice at a later point in time, provided that the requirements for lodging a claim under national law are met. You do not need to lodge your claims individually. If you are invited to lodge your claims, you can do this by using the standard form for the lodgement of claims which is attached to this notice or can be downloaded from the following link: Language Claims may be lodged in any official language of the institutions of the European Union. Irrespective of this, you may later be required to provide a translation in the official language of the Member State of the opening of proceedings or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where insolvency proceedings have been opened, or in another language which that Member State has indicated it can accept (the languages indicated by the Member States are to be found here: [https://e-justice.europa.eu/content_insolvency-447-en.do?clang=en] (2)). Additional information You can find further information on insolvency proceedings in the Member States under the following link: [https://e-justice.europa.eu/content_insolvency-447-en.do?clang=en (2)] You can trace relevant information on the particular insolvency proceeding concerned by this notification through the following website of the European e-Justice Portal: […] (2) (3) (1) ‘Insolvency proceedings’ are proceedings in the meaning of Article 1 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19). These proceedings are listed in Annex A of that Regulation. (2) When using this form, please, always refer to the hyperlink actually leading to the relevant webpage of the European e-Justice Portal. (3) Please, take note, that this function of the European e-Justice Portal will only be operational from 26 June 2019 (see Article 92 of Regulation (EU) 2015/848).

GUIDELINES FOR FILLING IN THIS FORM This Standard Notice form must be filled in by the court having jurisdiction in the insolvency proceedings against the debtor or by the insolvency practitioner appointed by that court in those proceedings. The form needs to be sent to known creditors who are located in other Member States. Language of this form This notification form shall be transmitted in the official language of the State of the opening of proceedings or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where insolvency proceedings have been opened, or in another language which that State has indicated it can accept, in accordance with Article 55(5) of Regulation (EU) 2015/848, if it can be assumed that that language is easier for the foreign creditors to understand. Means of notification In order to ensure a swift transmission of information to creditors residing or seated in another Member State of the European Union, Regulation (EC) No 1393/2007 of the European Parliament and of the Council (1) on the service of documents does not apply with regard to the obligation to inform creditors. Guidelines to specific points of the form Section II of the form should only be filled in, if by this notice you are also inviting the creditor to lodge his/her claims against the debtor. If you do not fill in Section II, you are required to send another notification to the foreign creditors as soon as the obligation arises under the applicable insolvency law for those creditors to lodge their claims individually in the proceedings. When you fill in a particular section of the form, please bear in mind the following: — The provision of information in points marked with an asterisk (*) is mandatory. — The provision of information in points marked with double asterisks (**) is mandatory but subject to a condition. This condition is either indicated in brackets in the point concerned or in the sentence preceding the point. — The provision of information in points without any specific marking is not mandatory. Whenever you refer to a Member State in filling in this form, please use the following country codes: Austria (AT) Belgium (BE) Bulgaria (BG) Cyprus (CY) Czech Republic (CZ) Germany (DE) Estonia (EE) Greece (EL) Spain (ES) Finland (FI) France (FR) Croatia (HR) Hungary (HU) Ireland (IE) Italy (IT) Lithuania (LT) Luxembourg (LU) Latvia (LV) Malta (MT) Netherlands (NL) Poland (PL) Portugal (PT) Romania (RO) Sweden (SE) Slovenia (SI) Slovakia (SK) United Kingdom (UK) In point 1.2 ‘registration number’ means the individual identity number attributed under national law to the entity or person. If the debtor is a company or a legal person, this is the number given in the appropriate national (business or association) register. If the debtor is a natural person exercising an independent business or professional activity (‘entrepreneurs’), this is the identification number in the Member State where insolvency proceedings have been opened, under which he/she pursues his/her business or professional activity. If, according to the national insolvency law of the Member State where insolvency proceedings have been opened, the tax number or personal ID number of the debtor is used for the purpose of the identification of the natural person exercising an independent business or professional activity, this number should be indicated. (1) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).

In point 2.1, the ‘type of insolvency proceedings’ should be indicated by referring to the appropriate national proceedings listed in Annex A to Regulation (EU) 2015/848 that were opened and, where applicable, any relevant subtype of such proceedings opened in accordance with national law. In point 2.3 ‘the court opening insolvency proceedings’ means the judicial body or any other competent body of a Member State empowered under its domestic law to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings. The date or the last day of the time limit indicated in point 5 must not be less than 30 days following the publication of the opening of insolvency proceedings in the insolvency register of the Member State of the opening of proceedings, or if the information with regard to the debtor is not included in the national register, following the date of receipt of this notice by the creditor.

SECTION I Details of the case 1. DEBTOR 1.1. Name (*) 1.1.1. Name (if the debtor is a company or a legal person): or 1.1.2. Surname: 1.1.3. First name(s): (if the debtor is a natural person) 1.2. Registration number (to be filled in if there is one under the national law in the Member State where insolvency proceedings have been opened) (**): 1.3. Address (unless point 1.5 is applicable) (**): 1.3.1. Street and number/PO box: 1.3.2. Place and postal code: 1.3.3. Country: 1.4. Alternative address: 1.4.1. Street and number/PO box: 1.4.2. Place and postal code: 1.4.3. Country: 1.5. Date and place of birth (to be filled in if the debtor is a natural person and his/her address is protected) (**): 1.6. Any additional information in relation to the identity of the debtor: 1.6.1. Personal ID number of the debtor: 1.6.2. Mother’s full maiden name: 1.6.3. Father’s name: 1.6.4. Nationality: 1.6.5. Other (please, specify): Points marked with (*): the provision of information is mandatory. Points marked with (**): the provision of information is mandatory subject to a condition. Points without any specific marking: the provision of information is facultative/optional.

2. THE INSOLVENCY PROCEEDINGS CONCERNED 2.1. Type of insolvency proceedings opened with regard to the debtor (*): 2.2. The date of the opening of insolvency proceedings (within the meaning of Regulation (EU) 2015/848) (*): 2.3. The court (1) opening the insolvency proceedings (*): 2.3.1. Name: 2.3.2. Address: 2.3.2.1. Street and number/PO box: 2.3.2.2. Place and postal code: 2.3.2.3. Country: 2.4. Reference number of the case (to be filled in if there is any) (**): 2.5. Insolvency practitioner(s) appointed in the proceedings (to be filled in if there are any) (**): 2.5.1. Name: 2.5.2. Address: 2.5.2.1. Street and number/PO box: 2.5.2.2. Place and postal code: 2.5.2.3. Country: 2.5.2.4. Email address: Points marked with (*): the provision of information is mandatory. Points marked with (**): the provision of information is mandatory subject to a condition. Points without any specific marking: the provision of information is facultative/optional. (1) The term ‘court’ under this point means, in line with Article 2(6)(ii) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, the judicial body or any competent body of a Member State empowered to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings.

SECTION II Information concerning the lodgement of claims 3. BODY OR AUTHORITY EMPOWERED TO ACCEPT THE LODGEMENT OF CLAIMS (*) The court indicated in point 2.3 of this form; or The insolvency practitioner indicated in point 2.5 of this form; or The body or authority empowered to accept lodgement of claims is different from the person/body indicated in points 2.3 or 2.5 of this form. Its data are the following: 3.1. Name (to be filled in only if the body or authority empowered to accept the lodgement is neither the court mentioned in point 2.3 nor the insolvency practitioner mentioned in point 2.5 of this form) (**): 3.2. Address (to be filled in only if the body or authority empowered to accept the lodgement is neither the court mentioned in point 2.3 nor the insolvency practitioner mentioned in point 2.5 of this form) (**): 3.2.1. Street and number/PO box: 3.2.2. Place and postal code: 3.2.3. Country: 3.3. Telephone: 3.4. Email: 4. MEANS OF COMMUNICATION BY WHICH CLAIMS MAY BE SUBMITTED (*) by post (to the postal address indicated under point (3) only by registered mail or by telefax (to the following fax number): or by email (to the following email address): Points marked with (*): the provision of information is mandatory. Points marked with (**): the provision of information is mandatory subject to a condition. Point without any specific marking: the provision of information is facultative/optional.

only in compliance with the following technical standard (please specify): or Other (please, specify): 5. TIME LIMITS FOR LODGING CLAIMS (TO BE FILLED IN IF THERE ARE ANY) (**) claims shall be lodged at the latest: or reference to the criteria for calculating that time limit: 6. CONSEQUENCES OF FAILURE TO SUBMIT CLAIMS WITHIN THE TIME PERIOD INDICATED IN POINT 5 (*) You will have to bear any additional costs associated with late submission. You will be precluded from participating in distributions (interim or final) occurring before submission (or admission) of your claim. You will lose your right to vote in any decision making process or at meetings of creditors occuring before the submission of your claim. You will be required to file an individual petition to the court for admission of your claim. The debt based on your claim will be regarded as extinguished in the context of the proceedings. Your claim may not be taken into account in the proceedings. Your secured or preferential rights associated to the claim will be waived. Other (please, specify): 7. OTHER CONDITIONS TO BE MET WHEN LODGING YOUR CLAIM The law applicable to the insolvency proceedings requires that the amount of the claim (point 6.1.8 of the standard form ‘lodgement of claims’) and the costs arising from the assertion of that claim (point 6.4.3 of the standard form ‘lodgement of claims’) are indicated in the currency of the Member State where insolvency proceedings have been opened. This currency is the following: Euro (EUR) Bulgarian lev (BGN) Czech koruna (CZK) Croatian kuna (HRK) Hungarian forint (HUF) Polish zloty (PLN) Romanian leu (RON) Swedish krona (SEK) United Kingdom pound (GBP) Points marked with (*): the provision of information is mandatory. Points marked with (**): the provision of information is mandatory subject to a condition. Point without any specific marking: the provision of information is facultative/optional.

Other (please, specify): 8. OBLIGATION OF CREDITORS WHOSE CLAIMS ARE PREFERENTIAL OR SECURED IN REM (*) You must expressly indicate the specific nature of the claim in the lodgement of claims, or you need to lodge your claims, or you do not need to lodge your claims, or you need to lodge your claims only for the portion which is not covered by the value of the security or of the priority; or you must indicate the amount up to which the claims are probably secured] other (please, specify): 9. LOWER RANKING CLAIMS Lower ranking and subordinate claims shall be lodged only if expressly requested by the insolvency court. 10. FURTHER INFORMATION WHICH MAY BE RELEVANT TO THE CREDITOR Points marked with (*): the provision of information is mandatory. Points marked with (**): the provision of information is mandatory subject to a condition. Point without any specific marking: the provision of information is facultative/optional.