, IF DECISIONS RELATING TO BANKRUPTCY AND WINDING-UP ARE TO BE EXCLUDED FROM THE SCOPE OF THE CONVENTION , THAT THEY MUST DERIVE DIRECTLY FROM THE BANKRUPTCY OR WINDING-UP AND BE CLOSELY CONNECTED WITH THE PROCEEDINGS FOR THE ' ' LIQUIDATION DES BIENS ' ' OR THE ' ' REGLEMENT JUDICIAIRE ' ' .
IN ORDER TO ANSWER THE QUESTION REFERRED TO THE COURT BY THE NATIONAL COURT IT IS THEREFORE NECESSARY TO ASCERTAIN WHETHER THE LEGAL FOUNDATION OF AN APPLICATION SUCH AS THAT PROVIDED FOR IN ARTICLE 99 OF THE FRENCH LAW IS BASED ON THE LAW RELATING TO BANKRUPTCY AND WINDING-UP AS INTERPRETED FOR THE PURPOSES OF THE CONVENTION .
5THE APPLICATION UNDER ARTICLE 99 , CALLED AN APPLICATION TO MAKE GOOD A DEFICIENCY IN THE ASSETS , FOR WHICH SPECIAL PROVISION IS MADE IN A LAW ON BANKRUPTCY AND WINDING-UP IS MADE ONLY TO THE COURT WHICH MADE THE ORDER FOR THE ' ' REGLEMENT JUDICIAIRE ' ' OR THE ' ' LIQUIDATION DES BIENS ' ' .
IT IS ONLY THE ' ' SYNDIC ' ' - APART FROM THE COURT WHICH CAN MAKE THE ORDER OF ITS OWN MOTION - WHO CAN MAKE THIS APPLICATION ON BEHALF OF AND IN THE INTEREST OF THE GENERAL BODY OF CREDITORS WITH A VIEW TO THE PARTIAL REIMBURSEMENT OF THE CREDITORS BY RESPECTING THE PRINCIPLE THAT THEY RANK EQUALLY AND BY TAKING ACCOUNT OF ANY PREFERENTIAL RIGHTS LAWFULLY ACQUIRED .
IN THIS APPLICATION , WHICH DEROGATES FROM THE GENERAL RULES OF THE LAW OF LIABILITY , THE DE JURE OR DE FACTO MANAGERS OF THE COMPANY ARE PRESUMED TO BE LIABLE AND THEY CAN ONLY DISCHARGE THIS BURDEN BY PROVING THAT THEY MANAGED THE AFFAIRS OF THE COMPANY WITH ALL THE REQUISITE ENERGY AND DILIGENCE .
THE PERIOD OF LIMITATION OF THREE YEARS FOR THE APPLICATION RUNS FROM THE DATE WHEN THE FINAL LIST OF CLAIMS IS DRAWN UP AND IS SUSPENDED FOR THE DURATION OF ANY SCHEME OF ARRANGEMENT WHICH MAY HAVE BEEN ENTERED INTO AND BEGINS TO RUN AGAIN IF SUCH A SCHEME IS TERMINATED OR DECLARED VOID .
IF THE APPLICATION DIRECTED AGAINST THE MANAGER OF THE COMPANY SUCCEEDS IT IS THE GENERAL BODY OF CREDITORS WHICH BENEFITS , SOME ASSETS BEING ADDED TO THE FUNDS TO WHICH THEY ARE ENTITLED , AS HAPPENS WHERE THE ' ' SYNDIC ' ' ESTABLISHES A CLAIM WHICH BENEFITS THE GENERAL BODY OF CREDITORS .
FURTHERMORE , THE COURT MAY ORDER THE ' ' REGLEMENT JUDICIAIRE ' ' OR THE ' ' LIQUIDATION DES BIENS ' ' OF THOSE MANAGERS WHO HAVE BEEN MADE RESPONSIBLE FOR PART OR ALL OF THE LIABILITIES OF A LEGAL PERSON AND WHO DO NOT DISCHARGE THE SAID LIABILITIES , WITHOUT HAVING TO VERIFY WHETHER THE SAID MANAGERS ARE BUSINESS MEN AND WHETHER THEY ARE UNABLE TO MEET THEIR LIABILITIES .
6IT IS QUITE APPARENT FROM ALL THESE FINDINGS THAT THE LEGAL FOUNDATION OF ARTICLE 99 , THE OBJECT OF WHICH , IN