An employer is deemed to be in a state of insolvency within the meaning of Article L. 3253-18-1 when an application has been made to open collective proceedings based on the employer’s insolvency, as provided for by the laws, regulations and administrative provisions of a Member State of the European Community or of the European Economic Area, which entail the partial or total divestment of the employer and the appointment of a liquidator or any person exercising a function similar to that of the judicial representative, the judicial administrator or the liquidator, and the competent authority pursuant to these provisions has :
1° Either decided to open the procedure;
2° Or noted the closure of the employer’s business or establishment and the insufficiency of the assets available to justify the opening of the procedure.