Directive (EU) 2026/799 of the European Parliament and of the Council of 30 March... (32026L0799)
Directive (EU) 2026/799 of the European Parliament and of the Council of 30 March 2026 harmonising certain aspects of insolvency law (Text with EEA relevance)
- DIRECTIVE (EU) 2026/799 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 30 March 2026
- harmonising certain aspects of insolvency law
- (Text with EEA relevance)
- TITLE I
- GENERAL PROVISIONS
- Article 1
- Subject matter and scope
- Article 2
- Definitions
- Article 3
- Party closely related to the debtor
- Article 4
- National law and minimum harmonisation
- Article 5
- Protection of workers
- TITLE II
- AVOIDANCE ACTIONS
- CHAPTER 1
- General provisions
- Article 6
- General prerequisites for avoidance actions
- CHAPTER 2
- Specific conditions
- Article 7
- Preferences
- Article 8
- Legal acts in exchange for no or manifestly inadequate consideration
- Article 9
- Legal acts intentionally detrimental to creditors
- CHAPTER 3
- Consequences of avoidance actions
- Article 10
- General consequences
- Article 11
- Consequences for the party that benefited from a void, voidable or unenforceable legal act
- Article 12
- Liability of third parties
- Article 13
- Relation to other instruments
- TITLE III
- TRACING ASSETS BELONGING TO AN INSOLVENCY ESTATE
- CHAPTER 1
- Access by designated courts and administrative authorities to bank account information
- Article 14
- Designated courts and administrative authorities
- Article 15
- Access to and searches of bank account information by designated courts and administrative authorities
- Article 16
- Conditions for access to, and searches of, bank account information by designated courts and administrative authorities
- Article 17
- Monitoring access to, and searches of, bank account information by designated courts and administrative authorities
- CHAPTER 2
- Access by insolvency practitioners to beneficial ownership information
- Article 18
- Access by insolvency practitioners to beneficial ownership information
- CHAPTER 3
- Access by insolvency practitioners to national registers and databases
- Article 19
- Access by insolvency practitioners to national registers and databases
- CHAPTER 4
- Access to courts by the insolvency practitioners of another Member State
- Article 20
- Access to courts by the insolvency practitioners of another Member State
- TITLE IV
- PRE-PACK PROCEEDINGS
- CHAPTER 1
- General provisions
- Article 21
- Pre-pack proceedings
- Article 22
- Relationship with other Union legal acts
- CHAPTER 2
- Preparation phase
- Article 23
- Appointment of the monitor
- Article 24
- Principles applicable to the preparation phase
- Article 25
- Stay of individual enforcement actions
- Article 26
- Suspension of the opening of the liquidation phase
- Article 27
- Termination of the preparation phase
- CHAPTER 3
- Liquidation phase
- Article 28
- Liquidation phase
- Article 29
- Principles applicable to the liquidation phase
- Article 30
- Assignment or termination of executory contracts
- Article 31
- Debts and liabilities of the business acquired via pre-pack proceedings
- Article 32
- Suspensive effect of appeals
- CHAPTER 4
- Common provisions
- Article 33
- Criteria for selecting the best bid
- Article 34
- Civil liability of monitors and insolvency practitioners
- Article 35
- Parties closely related to the debtor in the sale process
- Article 36
- Interim financing
- Article 37
- Pre-emption rights and credit bidding
- Article 38
- Protection of the interests of the creditors
- Article 39
- Impact of competition law procedures on the timing or the successful outcome of the bid
- TITLE V
- DIRECTORS’ DUTY TO REQUEST THE OPENING OF INSOLVENCY PROCEEDINGS AND CIVIL LIABILITY
- Article 40
- Duties of directors
- Article 41
- Non-application or suspension of the duty to submit a request for the opening of insolvency proceedings
- Article 42
- Civil liability of directors
- Article 43
- Relation to other instruments
- TITLE VI
- CREDITORS’ COMMITTEES
- CHAPTER 1
- Establishment and members of creditors’ committees
- Article 44
- Establishment of creditors’ committees
- Article 45
- Appointment and composition of creditors’ committees
- Article 46
- Removal of members and replacement
- CHAPTER 2
- Working methods and function of creditors’ committees
- Article 47
- Working method of creditors’ committees
- Article 48
- Function, rights and duties of creditors’ committees
- Article 49
- Expenses and remuneration
- Article 50
- Liability
- TITLE VII
- MEASURES ENHANCING TRANSPARENCY OF NATIONAL INSOLVENCY LAWS
- Article 51
- Key information factsheet
- TITLE VIII
- FINAL PROVISIONS
- Article 52
- Emergency measures
- Article 53
- Committee procedure
- Article 54
- Review
- Article 55
- Transposition
- Article 56
- Entry into force
- Article 57
- Addressees
- ANNEX
- National registers and databases as referred to in Article 19
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