(1)shall, with no further formalities, produce the same effects in any other Member State as under this law of the State of the opening of proceedings, unless this Regulation provides otherwise and as long as no proceedings referred to in Article 3

(2)are opened in that other Member State. 2. The effects

(1)may exercise all the powers conferred on him by the law of the State of the opening of proceedings in another Member State, as long as no other insolvency proceedings have been opened there nor any preservation measure to the contrary has been taken there further to a request for the opening of insolvency proceedings in that State. He may in particular remove the debtor's assets from the territory of the Member State in which they are situated, subject to Articles 5 and 7. 2. The liquidator appointed by a court which has jurisdiction pursuant to Article 3

(2)may in any other Member State claim through the courts or out of court that moveable property was removed from the territory of the State of the opening of proceedings to the territory of that other Member State after the opening of the insolvency proceedings. He may also bring any action to set aside which is in the interests of the creditors.

1. In exercising his powers, the liquidator shall comply with the law of the Member State within the territory of which he intends to take action, in particular with regard to procedures for the realisation of assets. Those powers may not include coercive measures or the right to rule on legal proceedings or disputes. Article 19 Proof of the liquidator's appointment The liquidator's appointment shall be evidenced by a certified copy of the original decision appointing him or by any other certificate issued by the court which has jurisdiction. A translation into the official language or one of the official languages of the Member State within the territory of which he intends to act may be required. No legalisation or other similar formality shall be required. Article 20 Return and imputation
2. A creditor who, after the opening

(1)obtains by any means, in particular through enforcement, total or partial satisfaction of his claim on the assets belonging to the debtor situated within the territory of another Member State, shall return what he has obtained to the liquidator, subject to Articles 5 and

2. In order to ensure equal treatment of creditors a creditor who has, in the course of insolvency proceedings, obtained a dividend on his claim shall share in distributions made in other proceedings only where creditors of the same ranking or category have, in those other proceedings, obtained an equivalent dividend. Article 21 Publication
3. The liquidator may request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State in accordance with the publication procedures provided for in that State. Such publication shall also specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3

(1)or Article 3

(2). L 160/9 2. However, any Member State within the territory of which the debtor has an establishment may require mandatory publication. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3

(1)are opened shall take all necessary measures to ensure such publication. Article 22 Registration in a public register 1. The liquidator may request that the judgment opening the proceedings referred to in Article 3

(1)be registered in the land register, the trade register and any other public register kept in the other Member States. 2. However, any Member State may require mandatory registration. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3

(1)have been opened shall take all necessary measures to ensure such registration. Article 23 Costs The costs of the publication and registration provided for in Article 21 and 22 shall be regarded as costs and expenses incurred in the proceedings. Article 24 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, when it should have been honoured for the benefit of the liquidator in those proceedings, the person honouring the obligation shall be deemed to have discharged it if he was unaware of the opening of proceedings.
2. Where such an obligation is honoured before the publication provided for in Article 21 has been effected, the person honouring the obligation shall be presumed, in the absence of proof to the contrary, to have been unaware of the opening of insolvency proceedings; where the obligation is honoured after such publication has been effected, the person honouring the obligation shall be presumed, in the absence of proof to the contrary, to have been aware of the opening of proceedings. Article 25 Recognition and enforceability of other judgments
3. Judgments handed down by a court whose judgment concerning the opening of proceedings is recognised in accordance with Article 16 and which concern the course and closure of insolvency proceedings, and compositions approved by that court shall also be recognised with no further formalities. Such judgments shall be enforced in accordance with Articles 31 to 51, with the exception of Article 34

(2), of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Conventions of Accession to this Convention. The first subparagraph shall also apply to judgments deriving directly from the insolvency proceedings and which are closely linked with them, even if they were handed down by another court. The first subparagraph shall also apply to judgments relating to preservation measures taken after the request for the opening of insolvency proceedings.

1. The recognition and enforcement of judgments other than those referred to in paragraph 1 shall be governed by the Convention referred to in paragraph 1, provided that that Convention is applicable.
2. The Member States shall not be obliged to recognise or enforce a judgment referred to in paragraph 1 which might result in a limitation of personal freedom or postal secrecy. Article 26

(1)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 proceedings where the effects of such recognition or enforcement would be manifestly contrary to that State's public policy, in particular its fundamental principles or the constitutional rights and liberties of the individual. CHAPTER III SECONDARY INSOLVENCY PROCEEDINGS Article 27 Opening of proceedings The opening

(1)by a court of a Member State and which is recognised in another Member State (main proceedings) shall permit the opening in that other Member State, a court of which has jurisdiction pursuant to Article 3

(2), of secondary insolvency proceedings without the debtor's insolvency being examined in that other State. These latter proceedings must be among the proceedings listed in Annex B. Their effects shall be restricted to the assets of the debtor situated within the territory of that other Member State. L 160/10 Article 28 Applicable law Save as otherwise provided in this Regulation, the law applicable to secondary proceedings shall be that of the Member State within the territory of which the secondary proceedings are opened. Article 29 Right to request the opening of proceedings The opening of secondary proceedings may be requested by: (

1. a)the liquidator in the main proceedings; (
2. b)any other person or authority empowered to request the opening of insolvency proceedings under the law of the Member State within the territory of which the opening of secondary proceedings is requested. Article 30 Advance payment of costs and expenses Where the law of the Member State in which the opening of secondary proceedings is requested requires that the debtor's assets be sufficient to cover in whole or in part the costs and expenses of the proceedings, the court may, when it receives such a request, require the applicant to make an advance payment of costs or to provide appropriate security. Article 31 Duty to cooperate and communicate information 1. Subject to the rules restricting the communication of information, the liquidator in the main proceedings and the liquidators in the secondary proceedings shall be duty bound to communicate information to each other. They shall immediately communicate any information which may be relevant to the other proceedings, in particular the progress made in lodging and verifying claims and all measures aimed at terminating the proceedings. 2. Subject to the rules applicable to each of the proceedings the liquidator in the main proceedings and the liquidators in the secondary proceedings shall be duty bound to cooperate with each other. 3. The liquidator in the secondary proceedings shall give the liquidator in the main proceedings an early opportunity of submitting proposals on the liquidation or use of the assets in the secondary proceedings. Article 32 Exercise of creditors' rights 1. Any creditor may lodge his claim in the main proceedings and in any secondary proceedings. 2. The liquidators in the main and any secondary proceedings shall lodge in other proceedings claims which have already been lodged in the proceedings for which they were appointed provided that the interests of creditors in the latter proceedings are served thereby, subject to the right of creditors to oppose that or to withdraw the lodgement of their claims where the law applicable so provides. 3. The liquidator in the main or secondary proceedings shall be empowered to participate in other proceedings on the same basis as a creditor, in particular by attending creditors' meetings. Article 33 Stay of liquidation 1. The court, which opened the secondary proceedings shall stay the process of liquidation in whole or in part on receipt of a request from the liquidator in the main proceedings provided that in that event it may require the liquidator in the main proceedings to take any suitable measure to guarantee the interests of the creditors in the secondary proceedings and of individual classes of creditors. Such a request from the liquidator may be rejected only if it is manifestly of no interest to the creditors in the main proceedings. Such a stay of the process of liquidation may be ordered for up to three months. It may be continued or renewed for similar periods. 2. The court referred to in paragraph 1 shall terminate the stay of the process of liquidation: — at the request of the liquidator in the main proceedings, — of its own motion, at the request of a creditor or at the request of the liquidator in the secondary proceedings if that measure no longer appears justified, in particular, by the interests of creditors in the main proceedings or in the secondary proceedings. L 160/11 Article 34 Measures ending secondary insolvency proceedings 1. Where the law applicable to secondary proceedings allows for such proceedings to be closed without liquidation by a rescue plan, a composition or a comparable measure, the liquidator in the main proceedings shall be empowered to propose such a measure himself. Closure of the secondary proceedings by a measure referred to in the first subparagraph shall not become final without the consent of the liquidator in the main proceedings; failing his agreement, however, it may become final if the financial interests of the creditors in the main proceedings are not affected by the measure proposed. 2. Any restriction of creditors' rights arising from a measure referred to in paragraph 1 which is proposed in secondary proceedings, such as a stay of payment or discharge of debt may not have effect in respect of the debtor's assets not covered by those proceedings without the consent of all the creditors having an interest. 3. During a stay of the process of liquidation ordered pursuant to Article 33, only the liquidator in the main proceedings or the debtor, with the former's consent, may propose measures laid down in paragraph 1 of this Article in the secondary proceedings; no other proposal for such a measure shall be put to the vote or approved. Article 35 Assets remaining in the secondary proceedings If by the liquidation of assets in the secondary proceedings it is possible to meet all claims allowed under those proceedings. the liquidator appointed in those proceedings shall immediately transfer any assets remaining to the liquidator in the main proceedings. Article 36 Subsequent opening of the main proceedings Where the proceedings referred to in Article 3

(1)are opened following the opening

(2)in another Member State, Articles 31 to 35 shall apply to those opened first, in so far as the progress of those proceedings so permits. Article 37

(1)Conversion of earlier proceedings The liquidator in the main proceedings may request that proceedings listed in Annex A previously opened in another Member State be converted into winding-up proceedings if this proves to be in the interests of the creditors in the main proceedings. The court with jurisdiction under Article 3

(2)shall order conversion into one of the proceedings listed in Annex B. Article 38 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 the debtor's assets, that temporary administrator shall be empowered to request any measures to secure and preserve any of the debtor's assets situated in another Member State, provided for under the law of that State, for the period between the request for the opening of insolvency proceedings and the judgment opening the proceedings. CHAPTER IV PROVISION OF INFORMATION FOR CREDITORS AND LODGEMENT OF THEIR CLAIMS Article 39 Right to lodge claims Any creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings, including the tax authorities and social security authorities of Member States, shall have the right to lodge claims in the insolvency proceedings in writing. Article 40 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 liquidator appointed by it shall immediately inform known creditors who have their habitual residences, domiciles or registered offices in the other Member States. L 160/12 2. That information, provided by an individual notice, shall in particular include time limits, the penalties laid down in regard to those time limits, the body or authority empowered to accept the lodgement of claims and the other measures laid down. Such notice shall also indicate whether creditors whose claims are preferential or secured in rem need lodge their claims. Article 41 Content of the lodgement of a claim A creditor shall send copies of supporting documents, if any and shall indicate the nature of the claim, the date on which it arose and its amount, as well as whether he alleges preference security in rem or a reservation of title in respect of the claim and what assets are covered by the guarantee he is invoking. Article 42 Languages 1. The information provided for in Article 40 shall be provided in the official language or one of the official languages of the State of the opening of proceedings. For that purpose a form shall be used bearing the heading ‘Invitation to lodge a claim. Time limits to be observed’ in all the official languages of the institutions of the European Union. 2. Any creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings may lodge his claim in the official language or one of the official languages of that other State. In that event, however, the lodgement of his claim shall bear the heading ‘Lodgement of claim’ in the official language or one of the official languages of the State of the opening of proceedings. In addition, he may be required to provide a translation into the official language or one of the official languages of the State of the opening of proceedings. CHAPTER V TRANSITIONAL AND FINAL PROVISIONS Article 43 Applicability in time The provisions of this Regulation shall apply only to insolvency proceedings opened after its entry into force. Acts done by a debtor before the entry into force of this Regulation shall continue to be governed by the law which was applicable to them at the time they were done. Article 44 Relationship to Conventions 1. After its entry into force, this Regulation replaces, in respect of the matters referred to therein, in the relations between Member States, the Conventions concluded between two or more Member States, in particular: (

1. a)the Convention between Belgium and France on Jurisdiction and the Validity and Enforcement of Judgments Arbitration Awards and Authentic Instruments, signed at Paris on 8 July 1899; (
2. b)the Convention between Belgium and Austria on Bankruptcy Winding-up, Arrangements, Compositions and Suspension of Payments (with Additional Protocol of 13 June 1973), signed at Brussels on 16 July 1969; (
3. c)the Convention between Belgium and the Netherlands on Territorial Jurisdiction, Bankruptcy and the Validity and Enforcement of Judgments, Arbitration Awards and Authentic Instruments, signed at Brussels on 28 March 1925; (
4. d)the Treaty between Germany and Austria on Bankruptcy Winding-up, Arrangements and Compositions, signed at Vienna on 25 May 1979; (
5. e)the Convention between France and Austria on Jurisdiction Recognition and Enforcement of Judgments on Bankruptcy, signed at Vienna on 27 February 1979; (
6. f)the Convention between France and Italy on the Enforcement of Judgments in Civil and Commercial Matters signed at Rome on 3 June 1930; (
7. g)the Convention between Italy and Austria on Bankruptcy Winding-up, Arrangements and Compositions, signed at Rome on 12 July 1977; (
8. h)the Convention between the Kingdom of the Netherlands and the Federal Republic of Germany on the Mutual Recognition and Enforcement of Judgments and other Enforceable Instruments in Civil and Commercial Matters. signed at The Hague on 30 August 1962; (
9. i)the Convention between the United Kingdom and the Kingdom of Belgium providing for the Reciprocal Enforcement of Judgments in Civil and Commercial Matters, with Protocol, signed at Brussels on 2 May 1934; (
10. j)the Convention between Denmark, Finland, Norway Sweden and Iceland on Bankruptcy, signed at Copenhagen on 7 November 1933; (
11. k)the European Convention on Certain International Aspects of Bankruptcy, signed at Istanbul on 5 June 1990. 2. The Conventions referred to in paragraph 1 shall continue to have effect with regard to proceedings opened before the entry into force of this Regulation. L 160/13 3. This Regulation shall not apply; (
12. a)in any Member State, to the extent that it is irreconcilable with the obligations arising in relation to bankruptcy from a convention concluded by that State with one or more third countries before the entry into force of this Regulation; (
13. b)in the United Kingdom of Great Britain and Northern Ireland, to the extent that is irreconcilable with the obligations arising in relation to bankruptcy and the winding-up of insolvent companies from any arrangements with the Commonwealth existing at the time this Regulation enters into force. Article 45 Amendment of the Annexes The Council, acting by qualified majority on the initiative of one of its members or on a proposal from the Commission may amend the Annexes. Article 46 Reports No later than 1 June 2012, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Regulation. The report shall be accompanied if need be by a proposal for adaptation of this Regulation. Article 47 Entry into force This Regulation shall enter into force on 31 May 2002. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, 29 May 2000. For the Council The President A. COSTA L 160/14 ANNEX A Insolvency proceedings referred to in Article 2(
14. a)BELGIË—BELGIQUE — Het faillissement/La faillite — Het gerechtelijk akkoord/Le concordat judiciaire — De collectieve schuldenregeling/Le règlement collectif de dettes DEUTSCHLAND — Das Konkursverfahren — Das gerichtliche Vergleichsverfahren — Das Gesamtvollstreckungsverfahren — Das Insolvenzverfahren ΕΛΛΑΣ —Πτώχευση —Η ειδική εκκαϑάριση —Η προσωρινή διαχείριση εταιρίας. Η διοίκηση και η διαχείριση των πιστωτών —Η υπαγωγή επιχείρησης υπό επίτροπο με σκοπό τη σύναψη συμβιβασμού με τους πιοτωτές ESPAÑA — Concurso de acreedores — Quiebra — Suspensión de pagos FRANCE — Liquidation judiciaire — Redressement judiciaire avec nomination d'un administrateur IRELAND — Compulsory winding up by the court — Bankruptcy — The administration in bankruptcy of the estate of persons dying insolvent — Winding-up in bankruptcy of partnerships — Creditors' voluntary winding up (with confirmation of a Court) — Arrangements under the control of the court which involve the vesting of all or part of the property of the debtor in the Official Assignce for realisation and distribution — Company examinership ITALIA — Fallimento — Concordato preventivo — Liquidazione coatta amministrativa — Amministrazione straordinaria — Amministrazione controllata LUXEMBOURG — Faillite — Gestion contrôlée — Concordat préventif de faillite (par abandon d'acrif) — Régime spécial de liquidation du notariat NEDERLAND — Het faillissement — De surséance van betaling — De schuldsaneringsregeling natuurlijke personen ÖSTERREICH — Das Konkursverfahren — Das Ausgleichsverfahren PORTUGAL — O processo de falência — Os processos especiais de recuperação de empresa, ou seja: — A concordata — A reconstituição empresarial — A reestruturação financeira — A gest ào controlada L 160/15 SUOMI-FINLAND — Konkurssi/konkurs — Yrityssaneeraus/företagssanering SVERIGE — Konkurs — Företagsrekonstruktion UNITED KINGDOM — Winding up by or subject to the supervision of the court — Creditors' voluntary winding up (with confirmation by the court) — Administration — Voluntary arrangements under insolvency legislation — Bankruptcy or sequestration L 160/16 ANNEX B Winding up proceedings referred to in Article 2(
15. c)BELGIË—BELGIQUE — Het faillissement/La faillite DEUTSCHLAND — Das Konkursverfahren — Das Gesamtvollstreckungsverfahren — Das Insolvenzverfahren ΕΛΛΑΣ —Πτώχευση —Η ειδική εκκαϑάριση ESPAÑA — Concurso de acreedores — Quiebra — Suspensión de pagos basada en la insolvencia definitiva FRANCE — Liquidation judiciaire IRELAND — Compulsory winding up — Bankruptcy — The administration in bankruptcy of the estate of persons dying insolvent — Winding-up in bankruptcy of partnerships — Creditors' voluntary winding up (with confirmation of a court) — Arrangements under the control of the court which involve the vesting of all or part of the property of the debtor in the Official Assignee for realisation and distribution ITALIA — Fallimento — Liquidazione coatta amministrativa LUXEMBOURG — Faillite — Régime spécial de liquidation du notariat NEDERLAND — Het faillissement — De schuldsaneringsregeling natuurlijke personen ÖSTERREICH — Das Konkursverfahren PORTUGAL — O processo de falência SUOMI-FINLAND — Konkurssi/konkurs SVERIGE — Konkurs UNITED KINGDOM — Winding up by or subject to the supervision of the court — Creditors' voluntary winding up (with confirmation by the court) — Bankruptcy or sequestration L 160/17 ANNEX C Liquidators referred to in Article 2(
16. b)BELGIË—BELGIQUE — De curator/Le curateur — De commissaris inzake opschorting/Le commissaire au sursis — De schuldbemiddelaar/Le médiateur de dettes DEUTSCHLAND — Konkursverwalter — Vergleichsverwalter — Sachwalter (nach der Vergleichsordnung) — Verwalter — Insolvenzverwalter — Sachwalter (nach der Insolvenzordnung) — Treuhänder — Vorläufiger Insolvenzverwalter ΕΛΛΑΣ — Ο σύνδικο — Ο προσωρινός διαχειριστής. Η διοικούσα επιτροπή των πιστωτών — Ο ειδικός εκκαϑαριστής — Ο επίτροπος ESPAÑA — Depositario-administrador — Interventor o Interventores — Síndicos — Comisario FRANCE — Représentant des créanciers — Mandataire liquidateur — Administrateur judiciaire — Commissaire à l'exécution de plan IRELAND — Liquidator — Official Assignee — Trustee in bankruptcy — Provisional Liquidator — Examiner ITALIA — Curatore — Commissario LUXEMBOURG — Le curateur — Le commissaire — Le liquidateur — Le conseil de gérance de la section d'assainissement du notariat NEDERLAND — De curator in het faillissement — De bewindvoerder in de surséance van betaling — De bewindvoerder in de schuldsaneringsregeling natuurlijke personen ÖSTERREICH — Masseverwalter — Ausgleichsverwalter — Sachwalter — Treuhänder — Besondere Verwalter — Vorläufiger Verwalter — Konkursgericht L 160/18 PORTUGAL — Gestor judicial — Liquidatário judicial — Comissão de credores SUOMI—FINLAND — Pesänhoitaja/boförvaltare — Selvittäjä/utredare SVERIGE — Förvaltare — God man — Rekonstruktör UNITED KINGDOM — Liquidator — Supervisor of a voluntary arrangement — Administrator — Official Receiver — Trustee — Judicial factor GIVEN under my Official Seal, this 2nd. day of July 2002. Michael McDowell T.D. Minister for Justice, Equality and Law Reform. EXPLANATORY NOTE (This note is not a part of the Instrument and does not purport to be a legal interpretation) These Regulations are intended to facilitate the operation of Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings, insofar as they concern personal insolvency. The Regulations set out the necessary amendments to domestic legislation (the Bankruptcy Act of 1988) and make necessary provisions for the good administration of the Council Regulation, which came into effect on 31 May, 2002. The facilitation of the operation of the Council Regulation with regard to corporate insolvency is set out in Statutory Instrument No. 333 of 2002. 1OJ L160 of 30.6.2000 1 OJ L160 of 30.6.2000 1 OJ L12 of 16.1.2001

(1)Opinion delivered on 2 March 2000 (not yet published in the Official Journal).

(2)Opinion delivered on 26 January 2000 (not yet published in the Official Journal).

(3)OJ L 299, 31.12.1972, p. 32.

(4)OJ L 204, 2.8.1975, p. 28: OJ L 304, 30.10.1978, p. 1: OJ L 388 31.12.1982, p. 1; OJ L 285, 3.10.1989, p. 1; OJ C 15. 15.1.1997 p. 1.

(1)OJ L 166, 11.6.1998, p. 45.

(1)Note the Declaration by Portugal concerning the application of Articles 26 and 37 (OJ C 183, 30.6.2000, p. 1).

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