2.

i) Can the applicable provisions of Article 7(2)(h) and Article 8 of Regulation (EU) 2015/848 (1) of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, read in combination with Article 2 TEU, systematically be interpreted in conjunction with the fundamental rights enshrined in Article 17(1), Article 20 and the second paragraph of Article 47 of the Charter? ii) If the said provisions of EU law should be interpreted in conjunction with the rights enshrined in the Charter, is it admissible to apply those rights in insolvency proceedings in a Member State and should the protection afforded by those rights be interpreted to mean that it prevents a national legal rule which retroactively reregulates social relations exceptionally in favour of an creditor in insolvency specifically named by the legislature? iii) Do Article 7(2)(h) and Article 8 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, interpreted in conjunction with the rights enshrined in Article 17(1), Article 20 and the second paragraph of Article 47 of the Charter, prevent the application of a national legal rule which retroactively annuls deletions in the registers of the security interests held by KTB AD and states that the ‘resurrected’ security interests for the benefit of the insolvent KTB AD can be cited against third parties ex lege, thereby infringing the rights of other creditors and changing the order of satisfaction of claims in insolvency proceedings? iv) Can Article 7(2)(h) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, in conjunction with the rights enshrined in Article 17(1), Article 20 and the second paragraph of Article 47 of the Charter, be interpreted to mean that it prevents the conditional admission in insolvency proceedings of the claims of a creditor specifically named by the legislature (KTB AD), where that creditor’s claims had been extinguished in full by set-off when the claims were lodged and litigation seeking annulment of the set-off is pending and has not yet been completed? If the claims of the creditor in insolvency are lodged under the condition that the national court finds the set-offs by which the claims were extinguished to be unenforceable, does the right to a fair hearing in accordance with the second paragraph of Article 47 of the Charter permit a national provision of law which retroactively amends the conditions under which set-off may be invoked and thus anticipates the outcome of the pending litigation seeking annulment of the set-off or admission of the claim in insolvency proceedings? v) Can the court rely upon and directly apply the provisions of Article 7(2)(h) and Article 8 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, read in combination with Article 17(1), Article 20 and the second paragraph of Article 47 of the Charter, if it finds that the national provisions of law on which the conditional admission of the claim of KTB AD is based and/or which bring about the condition on which the claim is lodged conflict with EU law?