# European Insolvency Regulation (recast) – Regulation (EU) 2015/848 URL: https://consilena.com/coverage/laws/stat_eu_32015r0848 - Jurisdiction: European Union - Type: Regulation - Short name: Insolvency Regulation - Identifier: 32015R0848 - Current as of: 6 November 2025 - Provisions: 92 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02015R0848-20251106 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – General provisions - **Art. 1 Scope**: 1. This Regulation shall apply to public collective proceedings, including interim proceedings, which are based on laws relating to insolvency and in which… - **Art. 2 Definitions**: For the purposes of this Regulation: (1) ‘collective proceedings’ means proceedings which include all or a significant part of a debtor's creditors, provided… - **Art. 3 International jurisdiction**: 1. The courts of the Member State within the territory of which the centre of the debtor's main interests is situated shall have jurisdiction to open… - **Art. 4 Examination as to jurisdiction**: 1. A court seised of a request to open insolvency proceedings shall of its own motion examine whether it has jurisdiction pursuant to Article 3. The judgment… - **Art. 5 Judicial review of the decision to open main insolvency proceedings**: 1. The debtor or any creditor may challenge before a court the decision opening main insolvency proceedings on grounds of international jurisdiction. 2. The… - **Art. 6 Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them**: 1. The courts of the Member State within the territory of which insolvency proceedings have been opened in accordance with Article 3 shall have jurisdiction… - **Art. 7 Applicable law**: 1. Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the… - **Art. 8 Third parties' rights in rem**: 1. The opening of insolvency proceedings shall not affect the rights in rem of creditors or third parties in respect of tangible or intangible, moveable or… - **Art. 9 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 of a debtor, where… - **Art. 10 Reservation of title**: 1. The opening of insolvency proceedings against the purchaser of an asset shall not affect sellers' rights that are based on a reservation of title where at… - **Art. 11 Contracts relating to immoveable property**: 1. The effects of insolvency proceedings on a contract conferring the right to acquire or make use of immoveable property shall be governed solely by the law… - **Art. 12 Payment systems and financial markets**: 1. Without prejudice to Article 8, the effects of insolvency proceedings on the rights and obligations of the parties to a payment or settlement system or to a… - **Art. 13 Contracts of employment**: 1. The effects of insolvency proceedings on employment contracts and relationships shall be governed solely by the law of the Member State applicable to the… - **Art. 14 Effects on rights subject to registration**: The effects of insolvency proceedings on the rights of a debtor in immoveable property, a ship or an aircraft subject to registration in a public register… - **Art. 15 European patents with unitary effect and Community trade marks**: For the purposes of this Regulation, a European patent with unitary effect, a Community trade mark or any other similar right established by Union law may be… - **Art. 16 Detrimental acts**: Point (m) of Article 7(2) shall not apply where the person who benefited from an act detrimental to all the creditors provides proof that: (a) the act is… - **Art. 17 Protection of third-party purchasers**: Where, by an act concluded after the opening of insolvency proceedings, a debtor disposes, for consideration, of: (a) an immoveable asset; (b) a ship or an… - **Art. 18 Effects of insolvency proceedings on pending lawsuits or arbitral proceedings**: The effects of insolvency proceedings on a pending lawsuit or pending arbitral proceedings concerning an asset or a right which forms part of a debtor's… ### Chapter II – Recognition of insolvency proceedings - **Art. 19 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… - **Art. 20 Effects of recognition**: 1. The judgment opening insolvency proceedings as referred to in Article 3(1) shall, with no further formalities, produce the same effects in any other Member… - **Art. 21 Powers of the insolvency practitioner**: 1. The insolvency practitioner appointed by a court which has jurisdiction pursuant to Article 3(1) may exercise all the powers conferred on it, by the law of… - **Art. 22 Proof of the insolvency practitioner's appointment**: The insolvency practitioner's appointment shall be evidenced by a certified copy of the original decision appointing it or by any other certificate issued by… - **Art. 23 Return and imputation**: 1. A creditor which, after the opening of the proceedings referred to in Article 3(1), obtains by any means, in particular through enforcement, total or… - **Art. 24 Establishment of insolvency registers**: 1. Member States shall establish and maintain in their territory one or several registers in which information concerning insolvency proceedings is published… - **Art. 25 Interconnection of insolvency registers**: 1. The Commission shall establish a decentralised system for the interconnection of insolvency registers by means of implementing acts. That system shall be… - **Art. 26 Costs of establishing and interconnecting insolvency registers**: 1. The establishment, maintenance and future development of the system of interconnection of insolvency registers shall be financed from the general budget of… - **Art. 27 Conditions of access to information via the system of interconnection**: 1. Member States shall ensure that the mandatory information referred to in points (a) to (j) of Article 24(2) is available free of charge via the system of… - **Art. 28 Publication in another Member State**: 1. The insolvency practitioner or the debtor in possession shall request that notice of the judgment opening insolvency proceedings and, where appropriate, the… - **Art. 29 Registration in public registers of another Member State**: 1. Where the law of a Member State in which an establishment of the debtor is located and this establishment has been entered into a public register of that… - **Art. 30 Costs**: The costs of the publication and registration provided for in Articles 28 and 29 shall be regarded as costs and expenses incurred in the proceedings. - **Art. 31 Honouring of an obligation to a debtor**: 1. Where an obligation has been honoured in a Member State for the benefit of a debtor who is subject to insolvency proceedings opened in another Member State… - **Art. 32 Recognition and enforceability of other judgments**: 1. Judgments handed down by a court whose judgment concerning the opening of proceedings is recognised in accordance with Article 19 and which concern the… - **Art. 33 Public policy**: Any Member State may refuse to recognise insolvency proceedings opened in another Member State or to enforce a judgment handed down in the context of such… ### Chapter III – Secondary insolvency proceedings - **Art. 34 Opening of proceedings**: Where main insolvency proceedings have been opened by a court of a Member State and recognised in another Member State, a court of that other Member State… - **Art. 35 Applicable law**: Save as otherwise provided for in this Regulation, the law applicable to secondary insolvency proceedings shall be that of the Member State within the… - **Art. 36 Right to give an undertaking in order to avoid secondary insolvency proceedings**: 1. In order to avoid the opening of secondary insolvency proceedings, the insolvency practitioner in the main insolvency proceedings may give a unilateral… - **Art. 37 Right to request the opening of secondary insolvency proceedings**: 1. The opening of secondary insolvency proceedings may be requested by: (a) the insolvency practitioner in the main insolvency proceedings; (b) any other… - **Art. 38 Decision to open secondary insolvency proceedings**: 1. A court seised of a request to open secondary insolvency proceedings shall immediately give notice to the insolvency practitioner or the debtor in… - **Art. 39 Judicial review of the decision to open secondary insolvency proceedings**: The insolvency practitioner in the main insolvency proceedings may challenge the decision to open secondary insolvency proceedings before the courts of the… - **Art. 40 Advance payment of costs and expenses**: Where the law of the Member State in which the opening of secondary insolvency proceedings is requested requires that the debtor's assets be sufficient to… - **Art. 41 Cooperation and communication between insolvency practitioners**: 1. The insolvency practitioner in the main insolvency proceedings and the insolvency practitioner or practitioners in secondary insolvency proceedings… - **Art. 42 Cooperation and communication between courts**: 1. In order to facilitate the coordination of main, territorial and secondary insolvency proceedings concerning the same debtor, a court before which a request… - **Art. 43 Cooperation and communication between insolvency practitioners and courts**: 1. In order to facilitate the coordination of main, territorial and secondary insolvency proceedings opened in respect of the same debtor: (a) an insolvency… - **Art. 44 Costs of cooperation and communication**: The requirements laid down in Articles 42 and 43 shall not result in courts charging costs to each other for cooperation and communication. - **Art. 45 Exercise of creditors' rights**: 1. Any creditor may lodge its claim in the main insolvency proceedings and in any secondary insolvency proceedings. 2. The insolvency practitioners in the main… - **Art. 46 Stay of the process of realisation of assets**: 1. The court which opened the secondary insolvency proceedings shall stay the process of realisation of assets in whole or in part on receipt of a request from… - **Art. 47 Power of the insolvency practitioner to propose restructuring plans**: 1. Where the law of the Member State where secondary insolvency proceedings have been opened allows for such proceedings to be closed without liquidation by a… - **Art. 48 Impact of closure of insolvency proceedings**: 1. Without prejudice to Article 49, the closure of insolvency proceedings shall not prevent the continuation of other insolvency proceedings concerning the… - **Art. 49 Assets remaining in the secondary insolvency proceedings**: If, by the liquidation of assets in the secondary insolvency proceedings, it is possible to meet all claims allowed under those proceedings, the insolvency… - **Art. 50 Subsequent opening of the main insolvency proceedings**: Where the proceedings referred to in Article 3(1) are opened following the opening of the proceedings referred to in Article 3(2) in another Member State… - **Art. 51 Conversion of secondary insolvency proceedings**: 1. At the request of the insolvency practitioner in the main insolvency proceedings, the court of the Member State in which secondary insolvency proceedings… - **Art. 52 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 a… ### Chapter IV – Provision of information for creditors and lodgement of their claims - **Art. 53 Right to lodge claims**: Any foreign creditor may lodge claims in insolvency proceedings by any means of communication which are accepted by the law of the State of the opening of… - **Art. 54 Duty to inform creditors**: 1. As soon as insolvency proceedings are opened in a Member State, the court of that State having jurisdiction or the insolvency practitioner appointed by that… - **Art. 55 Procedure for lodging claims**: 1. Any foreign creditor may lodge its claim using the standard claims form to be established in accordance with Article 88. The form shall bear the heading… ### Chapter V – Insolvency proceedings of members of a group of companies - **Art. 56 Cooperation and communication between insolvency practitioners**: 1. Where insolvency proceedings relate to two or more members of a group of companies, an insolvency practitioner appointed in proceedings concerning a member… - **Art. 57 Cooperation and communication between courts**: 1. Where insolvency proceedings relate to two or more members of a group of companies, a court which has opened such proceedings shall cooperate with any other… - **Art. 58 Cooperation and communication between insolvency practitioners and courts**: An insolvency practitioner appointed in insolvency proceedings concerning a member of a group of companies: (a) shall cooperate and communicate with any court… - **Art. 59 Costs of cooperation and communication in proceedings concerning members of a group of companies**: The costs of the cooperation and communication provided for in Articles 56 to 60 incurred by an insolvency practitioner or a court shall be regarded as costs… - **Art. 60 Powers of the insolvency practitioner in proceedings concerning members of a group of companies**: 1. An insolvency practitioner appointed in insolvency proceedings opened in respect of a member of a group of companies may, to the extent appropriate to… - **Art. 61 Request to open group coordination proceedings**: 1. Group coordination proceedings may be requested before any court having jurisdiction over the insolvency proceedings of a member of the group, by an… - **Art. 62 Priority rule**: Without prejudice to Article 66, where the opening of group coordination proceedings is requested before courts of different Member States, any court other… - **Art. 63 Notice by the court seised**: 1. The court seised of a request to open group coordination proceedings shall give notice as soon as possible of the request for the opening of group… - **Art. 64 Objections by insolvency practitioners**: 1. An insolvency practitioner appointed in respect of any group member may object to: (a) the inclusion within group coordination proceedings of the insolvency… - **Art. 65 Consequences of objection to the inclusion in group coordination**: 1. Where an insolvency practitioner has objected to the inclusion of the proceedings in respect of which it has been appointed in group coordination… - **Art. 66 Choice of court for group coordination proceedings**: 1. Where at least two-thirds of all insolvency practitioners appointed in insolvency proceedings of the members of the group have agreed that a court of… - **Art. 67 Consequences of objections to the proposed coordinator**: Where objections to the person proposed as coordinator have been received from an insolvency practitioner which does not also object to the inclusion in the… - **Art. 68 Decision to open group coordination proceedings**: 1. After the period referred to in Article 64(2) has elapsed, the court may open group coordination proceedings where it is satisfied that the conditions of… - **Art. 69 Subsequent opt-in by insolvency practitioners**: 1. In accordance with its national law, any insolvency practitioner may request, after the court decision referred to in Article 68, the inclusion of the… - **Art. 70 Recommendations and group coordination plan**: 1. When conducting their insolvency proceedings, insolvency practitioners shall consider the recommendations of the coordinator and the content of the group… - **Art. 71 The coordinator**: 1. The coordinator shall be a person eligible under the law of a Member State to act as an insolvency practitioner. 2. The coordinator shall not be one of the… - **Art. 72 Tasks and rights of the coordinator**: 1. The coordinator shall: (a) identify and outline recommendations for the coordinated conduct of the insolvency proceedings; (b) propose a group coordination… - **Art. 73 Languages**: 1. The coordinator shall communicate with the insolvency practitioner of a participating group member in the language agreed with the insolvency practitioner… - **Art. 74 Cooperation between insolvency practitioners and the coordinator**: 1. Insolvency practitioners appointed in relation to members of a group and the coordinator shall cooperate with each other to the extent that such cooperation… - **Art. 75 Revocation of the appointment of the coordinator**: The court shall revoke the appointment of the coordinator of its own motion or at the request of the insolvency practitioner of a participating group member… - **Art. 76 Debtor in possession**: The provisions applicable, under this Chapter, to the insolvency practitioner shall also apply, where appropriate, to the debtor in possession. - **Art. 77 Costs and distribution**: 1. The remuneration for the coordinator shall be adequate, proportionate to the tasks fulfilled and reflect reasonable expenses. 2. On having completed his or… ### Chapter VI – Data protection - **Art. 78 Data protection**: — Art. 78 Insolvency Regulation — Data protection 1. National rules implementing Directive 95/46/EC shall apply to the processing of personal data carried out… - **Art. 79 Responsibilities of Member States regarding the processing of personal data in national insolvency registers**: 1. Each Member State shall communicate to the Commission the name of the natural or legal person, public authority, agency or any other body designated by… - **Art. 80 Responsibilities of the Commission in connection with the processing of personal data**: 1. The Commission shall exercise the responsibilities of controller pursuant to Article 2(d) of Regulation (EC) No 45/2001 in accordance with its respective… - **Art. 81 Information obligations**: Without prejudice to the information to be given to data subjects in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001, the Commission shall… - **Art. 82 Storage of personal data**: As regards information from interconnected national databases, no personal data relating to data subjects shall be stored in the European e-Justice Portal. All… - **Art. 83 Access to personal data via the European e-Justice Portal**: Personal data stored in the national insolvency registers referred to in Article 24 shall be accessible via the European e-Justice Portal for as long as they… ### Chapter VII – Transitional and final provisions - **Art. 84 Applicability in time**: 1. The provisions of this Regulation shall apply only to insolvency proceedings opened from 26 June 2017. Acts committed by a debtor before that date shall… - **Art. 85 Relationship to Conventions**: 1. This Regulation replaces, in respect of the matters referred to therein, and as regards relations between Member States, the Conventions concluded between… - **Art. 86 Information on national and Union insolvency law**: 1. The Member States shall provide, within the framework of the European Judicial Network in civil and commercial matters established by Council Decision… - **Art. 87 Establishment of the interconnection of registers**: The Commission shall adopt implementing acts establishing the interconnection of insolvency registers as referred to in Article 25. Those implementing acts… - **Art. 88 Establishment and subsequent amendment of standard forms**: The Commission shall adopt implementing acts establishing and, where necessary, amending the forms referred to in Article 27(4), Articles 54 and 55 and Article… - **Art. 89 Committee procedure**: 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference… - **Art. 90 Review clause**: 1. No later than 27 June 2027, and every 5 years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and… - **Art. 91 Repeal**: Regulation (EC) No 1346/2000 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in… - **Art. 92 Entry into force**: This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32015r0848. Index of every page: https://consilena.com/llms.txt.