By way of derogation from the provisions of Article L. 613-31-3 and II of Article L. 613-31-6, the provisions of the law of the Member State in which the winding-up proceedings have been opened relating to the nullity, voidability or unenforceability of acts detrimental to all creditors shall not apply if the beneficiary of such an act proves that the latter is subject to the law of another Member State and that such law does not allow such act to be challenged by any means in the case in question.
In the case of reorganisation measures, the rule laid down in the preceding paragraph shall apply only to acts detrimental to creditors performed prior to the adoption of such a measure.