I I . COUNCIL REGULATION ( E C ) NO. 1 3 4 6 / 2 0 0 0 OF 29 MAY 2 0 0 0 ON INSOLVENCY PROCEEDINGS

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Preamble ( . . . )

CI 1APTFR I

OFNFRAI PROVISIONS

Article 1

Scope

1. This Regulation shall apply to collective

insolvency proceedings which entail the partial

or total divestment of a debtor and the

appointment ol a liquidator.

2. This Regulation shall not apply to insolvency

proceedings concerning insurance undertakings,

credit institutions, investment undertakings

which provide services involving

the holding of funds or securities for third

parties, or to collective investment undertakings.

Article 2

Definitions

For the purposes of this Regulation:

( a ) 'insolvency proceedings' shall mean the

collective proceedings referred to in Article

1(1). These proceedings are listed in

Annex A;

(b) 'liquidator' shall mean any person or bod)'

whose function is to administer or liquidate

assets of which the debtor has been divested

or to supervise the administration of his

affairs. Those persons and bodies are listed in

Annex C;

( c ) 'winding-up proceedings' shall mean insolvency

proceedings within the meaning of

point (a) involving realising the assets of the

debtor, including where the proceedings have

been closed by a composition or other measure

terminating the insolvency, or closed by

reason of the insufficiency of the assets. Those

proceedings are listed in Annex b;

(d) ' c o u r t ' shall mean the judicial body or anv

other competent body of a Member State

empowered to open insolvency proceedings

or to take decisions in the course of such

proceedings;

(e) 'judgment' in relation to the opening of

insolvency proceedings or the appointment

of a liquidator shall include the decision of

any c o u r t empowered t o open such proceedings

or to appoint a liquidator;

(fi) 'the time ol the opening of proceedings'

shall mean the time .it which the judgment

opening proceedings becomes effective,

whether it is a final judgment or not;

(g) 'the Member State in which assets arcsituated'

shall mean, in the case of:

- tangible property, the Member State

within the territory ol which the properly is

situated,

property and rights ownership of o r entitlement

to which must be entered in a public

register, the Member State under the authority

of which the register is kept,

- claims, the Member State within the

territory of which the third party required to

meet them has the centre of his mam interests,

as determined in Article 3( 1 );

(h) 'establishment' shall mean any place ol

operations where the debtor carries out a

non-transitory e c o n o m i c activity with human

means and goods.

Article i

International jurisdiction

1. The courts of the Member State within the

territory of which the centre of a debtor s

main interests is situated shall have jurisdiction

to open insobency proceedings. In the

case of a company or legal person, the place

of the registered office shall he presumed to

367

Appendices

be the' centre of its main interests in the absence

of p r o o f to the contrary.

2. W h e r e the centre of a debtor's main interests

is situated within the territory of a Member

State, t h e c o u r t s of a n o t h e r Member State

shall have jurisdiction to open insolvency

proceedings against that debtor only if he

possesses an establishment within the territory

of that other Member State. The effects

of those proceedings shall be restricted to the

assets of t he debtor situated in the t e r r i t o r y of

the latter Member State.

3. W h e r e insolvency proceedings have been

opened under paragraph 1, any proceedings

opened subsequently under paragraph 2 shall

be secondary proceedings. These latter proceedings

must be winding-up proceedings.

4. Territorial insolvency proceedings referred

to in paragraph 2 may be opened p r i o r to the

opening of main insolvency proceedings in

a c c o r d a n c e with paragraph 1 only:

(a) where insolvency proceedings under

paragraph 1 cannot be opened because of t he

conditions laid down by the law of t h e Member

State within the territory of which the

centre of the debtor's main interests is situated;

or

(b) where the opening of territorial insolvency

proceedings is requested by a creditor who

has his domicile, habitual residence or registered

office in the Member State within the

territory of which the establishment is situated,

or whose claim arises from the operation

of that establishment.

Article 4

Law applicable

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 territory of which

such proceedings are opened, hereafter referred

to as the 'State of t h e opening of proceedings'.

2. The law of the State of the opening of p r o ceedings

shall determine the conditions for

the opening of those proceedings, their c o n duct

and their closure. It shall determine in

particular:

(a) against which debtors insolvency proceedings

may be brought on account of their

capacity;

(b) the assets which form part of the estate

and the treatment of assets acquired by or

devolving on the debtor after the opening of

the insolvency proceedings;

( c ) the respective powers of the debtor and

the liquidator;

(d) the conditions under which set-offs may

be invoked;

(e) the effects of insolvency proceedings on

current c o n t r a c t s to which the debtor i s party;

(f) the effects of the insolvency proceedings

on proceedings brought by individual creditors,

with the exception of lawsuits pending;

(g) the claims which are to be lodged against

the debtor's estate and the treatment of claims

arising after the opening of insolvency proceedings;

(h) the rules governing the lodging, verification

and admission of claims;

( i ) the rules governing the distribution of

proceeds from the realisation of assets, the

ranking of claims and the rights of creditors

who have obtained partial satisfaction after

the opening of insolvency proceedings by

virtue of a right in rem or through a set-off;

(j) the conditions for and the effects of closure

of insolvency proceedings, in particular by

composition;

(k) creditors' rights after the closure of insolvency

proceedings;

(1) who is to bear the costs and expenses

incurred in the insolvency proceedings;

fm) the rules relating to the voidness, voidability

or unenforceability of legal acts detrimental

to all the creditors.

368 I n t e r s c n l ia

II. Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings

Article 5

Third parties' rights in rem

1. The opening of insolvency proceedings

shall not affect the rights in r em of creditors

or third parties in respect of tangible or intangible,

moveable or immoveable assets - both

specific assets and collections of indefinite

assets as a whole which change from time to

time - belonging to the debtor which are

situated within the territory of another Member

State at the time of the opening of p r o ceedings.

2. The rights referred to in paragraph 1 shall

in particular mean:

(a) the right to dispose of assets or have t h em

disposed of and to obtain satisfaction from

the proceeds of o r income f r om those assets,

in particular by virtue of a lien or a mortgage;

(b) the exclusive right to have a c l a im met, in

particular a right guaranteed by a lien in

respect of the claim or by assignment of the

c l a im by way of a guarantee;

( c ) the right to demand the assets from,

a n d / o r to require restitution by, anyone having

possession or use of t h em c o n t r a r y to the

wishes of the party so entitled;

(d) a right in rem to the beneficial use of

assets.

3. T h e right, recorded in a public register and

enforceable against third parties, under which

a right in rem within the meaning of paragraph

1 may be obtained, shall be considered

a right in rem.

4. Paragraph 1 shall not preclude actions for

voidness, voidability or unenforceability as

referred to in Article 4 ( 2 ) ( m ) .

Article 6

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 the debtor, where such a set-off is

permitted by the law applicable to the insolvent

debtor's claim.

2. Paragraph 1 shall not preclude actions for

voidness, voidability or unenforceability as

referred to in Article 4 ( 2 ) ( m ) .

Article 7

Reservation of title

1. The opening of insolvency proceedings

against the purchaser of an asset shall not

affect the seller's rights based on a reservation

of title where at the time of the opening of

proceedings the asset is situated within the

territory of a Member State other than the

State of opening of proceedings.

2. The opening of insolvency proceedings

against the seller of an asset, after delivery of

the asset, shall not constitute grounds for

rescinding or terminating the sale and shall

not prevent the purchaser from acquiring title

where at the time of the opening of proceedings

the asset sold is situated within the territory

of a Member State o t h e r than the State of

the opening of proceedings.

3. Paragraphs 1 and 2 shall not preclude

actions for voidness, voidability or unenforceability

as referred to in Article 4 ( 2 ) ( m ) .

Article 8

Contracts relating t o immoveable property

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 of the Member

State within the territory of which the immoveable

property is situated.

Article 9

Payment systems and financial markets

1. Without prejudice to Article 5, the effects

of insolvency proceedings on the rights and

obligations of the parties to a payment or

settlement system or to a financial market

shall be governed solely by the law of the

I n t e r s c n t ia 369

Appendices

Member State applicable to that system or

market.

2. Paragraph 1 shall not preclude any action

for voidness, voidability or unenforceability

which may be taken to set aside payments or

transactions tinder the law applicable to the

relevant payment system or financial market.

Article 10

Contracts of employment

The effects of insolvency proceedings on

employment contracts and relationships shall

be governed solely by the law of the Member

State applicable to the c o n t r a c t of employment.

Article 1 1

Effects on rights subject to registration

The effects of insolvency proceedings on the

rights of the debtor in immoveable property,

a ship or an aircraft subject to registration in

a public register shall be determined by the

law o f the Member State under the authority

of which the register is kept.

Article 12

Community patents and trade marks

For the purposes of this Regulation, a C o m munity

patent, a C o m m u n i t y trade mark or

any other similar right established by C o m munity

law may be included only in the p r o ceedings

referred to in Article 3f 1).

Article 13

Detrimental acts

Article 4 ( 2 ) ( m ) shall not apply where the

person who benefited from an act detrimental

to all the creditors provides p r o o f that:

- the said act is subject to the law of a Member

State other than that of the State of the

opening of proceedings, and

- that law does not allow any means of

challenging that act in the relevant case.

Article 14

Protection of t h i r d - p a r t y purchasers

Where, by an act concluded after the opening

ol insolvency proceedings, the debtor disposes,

tor consideration, of:

an immoveable asset, or

- a ship or an aircraft subject to registration

in a public register, or

- securities whose existence presupposes

registration in a register laid down bylaw, the

validity ot that act shall be governed by the

law of the State within the territory of which

the immoveable asset is situated or under the

authority of which the register is kept.

Article 15

Effects of insolvency proceedings on lawsuits

pending

The effects of insolvency proceedings on a

lawsuit pending concerning an asset or a right

of which the debtor has been divested shall be

governed solely by the law of the Member

State in which that lawsuit is pending.

CHAPTER II

RECOGNITION O F INSOLVENCY

PROCEEDINGS

Article 1 6

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 the other

Member States from the time that i t becomes

effective in the State of the opening of p r o ceedings.

This rule shall also apply where, on account

of his capacity, insolvencv proceedings cannot

be brought against the debtor in other Member

States.

2. Recognition of the proceedings referred to

in Article 3( 1) shall not preclude the opening

of the proceedings referred to in Article 3 ( 2 )

370

I I . Council Regulation { H O No. 1346/2000 of 29 May 2000 on Insolvency Proceedings

by a court in another Member State. The

latter proceedings shall be secondary insolvency

proceedings within the meaning of

Chapter III.

Article 17

Effects of recognition

1. The judgment opening the proceedings

referred to in Article 3( 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 of the proceedings referred to

in Article 3 ( 2 ) may not be challenged in other

Member States. Any restriction of the creditors'

rights, in particular a stay or discharge,

shall produce effects vis-a-vis assets situated

within the territory ot a n o t h e r M e m b e r State

only in the case of those creditors who have

given their consent.

Article 18

Powers of the liquidator

1. 'fhe liquidator appointed by a court which

has jurisdiction pursuant to Article 3( 1) may

exercise all the powers conferred on him by

the law of the State of the opening ol 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 t e r r i t o ry

of the Member State in which they are situated,

subject to Articles 5 and 7.

2. T h e liquidator appointed by a court which

has jurisdiction pursuant to Article 3 ( 2 ) may

in any o t h e r Member State c l a im through the

courts or out of c o u r t that moveable property

was removed f r om the t e r r i t o r y o f t he State of

the opening o f proceedings t o the territory of

that other Member State after the opening of

the insolvencv proceedings. He i n , i v also

bring any action to set aside which is in the

interests of the creditors.

3. 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 p r o c e dures

for the realisation of assets. Those powers

may not include coercive measures or the

right to rule on legal proceedings or disputes.

Article 19

P r o o f o f the liquidator's appointment

The liquidator's appointment shall be evidenced

by a certified copy ot the original

decision appointing him or by any other

certificate issued by the c o u r t which has jurisdiction.

A translation into the official language or o ne

of the official languages of the Member State

within the t e r r i t o r y of which he intends to

act may be required. No legalisation or other

similar formality shall be required.

Article 20

Return and imputation

1. A creditor who, after the opening of the

proceedings referred to in Article 3 ( 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 7.

2. In order to ensure equal treatment ofcreditors

a c r e d i t o r who has, in the c o u r s e 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 o t h er

proceedings, obtained an equivalent dividend.

Appendices

Article 21

Publication

1. The liquidator may request that notice of

the judgment opening insolvency proceedings

and, where appropriate, the decision appoi nting

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 ) .

2. However, any Member State within the

territory of which the debtor has an establishment

may require m a n d a t o r y publication. In

such cases, the liquidator or any authoritv

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

f . 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 o t h e r 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 ot the publication and registration

provided for in Articles 21 and 22 shall be

regarded as costs and expenses incurred in the

proceedings.

Article 24

Honouring of an obligation to a debtor

1. W h e r e an obligation has been h o n o u r e d 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 h o n o u r e d 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 h o n o u r ing

the obligation shall be presumed, in the

absence ot proof to the c o n t r a r y , 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 p r o o f to the contrary,

to have been aware of the opening of

proceedings.

Article 23

Recognition and enforceability of other judgments

1. Judgments handed down by a court whose

judgment concerning the opening of proceedings

is recognised in a c c o r d a n c e with Article

16 and which concern the course and

closure of insolvency proceedings, and c o m positions

approved by that c o u r t shall also be

recognised with no further formalities. Such

judgments shall be enforced in accordance

with Articles 31 to 3 1, with the exception of

Article 3 4 ( 2 ) , of the Brussels Convention on

Jurisdiction and the Enforcement of Judgments

in Civil and Commercial Matters, as

amended by the Conventions ot Accession to

this Convention.

The first subparagraph shall also applv to

judgments deriving directly from the insolvency

proceedings and which are closely

II. Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings

linked with them, even if they were handed

down by another court.

The first subparagraph shall also applv to

judgments relating to preservation measures

taken after the request for the opening of

insolvency proceedings.

2. T h e 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.

3. The Member States shall not be obliged to

recognise or enforce a judgment referred to

in paragraph I which might result in a limitation

of personal freedom or postal secrecy.

Article 2 6 ( 6)

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 c o n t e x t of such proceedings

where the effects of such recognition or enforcement

would be manifestly c o n t r a r y to that

State's public policy, in particular its fundamental

principles or the constitutional lights

and liberties ot the individual.

CHAPTER III

SECONDARY INSOLVENCY

PROCEEDINGS

Article 27

Opening of proceedings

The opening of the proceedings referred to in

Article 3( 1 1 by a c o u r t of a Member State and

which is recognised in a n o t h e r Member State

( main proceedings) shall permit the opening

in that o t h e r Member State, a c o u r t of which

has jurisdiction pursuant to Article 3<2i, 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.

Article 28

Applicable law

Save as otherwise provided in this Regulation,

the law applicable to secondary proceedings

shall be that of t h e Member State within the

territory o f which the secondary proceedings

are opened.

Article 29

Right to request the opening of proceedings

The opening of secondary proceedings may

be requested by:

( a ) the liquidator in the main proceedings;

(b) any o t h e r person or authority empowered

to request the opening of insolvency proceedings

under the law of the Member State

within the t e r r i t o r y of which the opening of

secondary proceedings is requested.

Article 30

Advance payment of costs and expenses

Where the law of t h e 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 t o provide appropriate security.

Article 31

Duty t o cooperate and c o m m u n i c a t e information

1. Subject to the rules restricting the c o m m u nication

ot information, the liquidator in

the main proceedings and the liquidators in

the secondary proceedings shall be duty

bound lo c o m m u n i c a t e information to each

other. They shall immediately c o m m u n i c a te

A p p e n d i c e s

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 p r o ceedings

and the liquidators in the secondary

proceedings shall be duty b o u n d to c o o p e r a te

with each other.

3. The liquidator in the secondary proceedings

shall give the liquidator in the main

proceedings an early opportunity or submitting

proposals on the liquidation or use of the

assets in the secondary proceedings.

Article 32

Exercise o f c r e d i t o r s ' 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 p r o ceedings

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 t o withdraw the lodgement of

their claims where the law applicable so p r o vides.

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 c r e d i tors'

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 stav

of the process ofliquidation may be ordered

for up to three months. It mav be continued

or renewed tor similar periods.

2. The court referred to in paragraph 1 shall

terminate the stay of the process ofliquidation:

- 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 i f that measure no

longer appears justified, in particular, by the

interests of creditors in the main proceedings

or in the secondary proceedings.

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 bv 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 stav ol payment or discharge of

debt, may not have effect in respect ol the

debtor's assets not covered by those proceedings

without the consent of all the creditors

having an interest.

3. IHirin" a stay ol the process of liquidation

ordered pursuant to Article 3 3 , 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 p r o posal

for such a measure shall be put to the

vote or approved.

Article 33

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 oft he main proceedings

Where the proceedings referred to in Article

3 1 1 ) are opened following the opening ol

the proceedings referred to in Article 3 ( 2 ) in

another Member State, Articles 31 to 33 shall

apply to those opened first, in so far as the

progress of those proceedings so permits.

Article 37 ( 7)

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 it

this proves to be in the interests ol the creditors

in the main proceedings.

The court with jurisdiction under Article 3 ( 2 )

shall order conversion into one ol the proceedings

listed in Annex B.

Article 3,S

Preservation measures

Where the court ol a Member State which has

jurisdiction pursuant to Article 3(11 appoints

a t e m p o r a r y a d m i n i s t r a t o r 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 lor 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 Ob INFORMATION FOR

CREDITORS AND L O D C E M F N T O f

T H E I R CLAIMS

Article 39

Right to lodge claims

Any c r e d i t o r who has his habitual residence,

domicile or registered office in a Member

State other than the State of the opening of

proceedings, inciudingthe tax authoritiesand

social security authorities of Member States,

shall have the right to lodge claims in the insolvency

proceedings in writing.

Article 40

Duty t o 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.

2. '1'hat information, provided bv an individual

notice, shall in particular include time

limits, the penalties laid down in regard to

those time limits, the body or authority cmpowered

to accept the lodgement ot claims

lntersentia 375

Appendices

and the other measures laic) 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 r em 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. T h e 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 ol proceedings. For that purpose a

form shall be used bearing the heading 'Invitation

to lodge a claim, 'lime 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

ol proceedings may lodge his claim in the

official language or one of the official languages

of that o t h e r 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 ol the opening of proceedings. In addition,

he m a y b e 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 m o r e Member States, in particular:

(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;

(b) the Convention between Belgium and

Austria on Bankruptcy, Winding-up, Arrangements,

Compositions and Suspension

of Payments (with Additional Protocol of

13 June 1 9 7 3 ) , signed at Brussels on 16 July

1969;

( 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;

(d) the T r e a t y between (Cermany and Austria

on Bankruptcy, Winding-up, Arrangements

and Compositions, signed at Vienna on

25 May 1979;

376 I n t e r s e n t ia

II. Council Regulation (EC.) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings

(e) the C o n v e n t i o n between F r a n c e and Austria

on Jurisdiction, Recognition and Enforcement

of Judgments on Bankruptcy, signed at

Vienna on 27 February 1979;

(fl the Convention between France and Italy

on the Enforcement of Judgments in Cavil and

Commercial Matters, signed at Rome on

3 June 1930;

(g) the Convention between Italy and Austria

on Bankruptcy, Winding-up, Arrangements

and Compositions, signed at R o m e o n 12 July

1977;

(h) the Convention between the Kingdom of

the Netherlands and the Federal Republic ol

Germany on the Mutual Recognition and

Enforcement o f Judgments and other Enforceable

Instruments in Cavil and Commercial

Matters, signed at The Hague on 30 August

1962;

( i ) the Convention between the United Kingd

om and the Kingdom of Belgium providing

for the Reciprocal Enforcement o f Judgments

in C Civil and Commercial Matters, with P r o t o col,

signed at Brussels on 2 May 1934;

(j) the Convention between Denmark, Finland,

Norway, Sweden and Iceland on Bankruptcy,

signed at C Copenhagen on 7 November

1933;

(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.

3. This Regulation shall not apply:

(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;

(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 CCommonwealth existing at the time

this Regulation enters into force.

Article 45

Amendment of the Annexes

The CCouncil, 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

N o l a t e r t h a n 1 June 2 0 1 2 , and every f i v e years

thereafter, the (Commission shall present to

the European Parliament, theCouncil and the

E c o n o m i c and Social (Committee a report on

the application of this Regulation. The report

shall be accompanied if need lw by a proposal

for adaptation of this Regulation.

Article 47

Entry into force

This Regulation shall enter into force on

31 Mav 2 0 0 2.

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