The insolvency practitioner in the main insolvency proceedings who proposes to give a commitment pursuant to Article 36 of the aforementioned Regulation (EU) No 2015/848 shall obtain the agreement of all local creditors affected by that commitment, including the guarantee institutions referred to in Article L. 3253-14 of the Labour Code. On this occasion, it informs each creditor concerned of the characteristics of its claim.
The insolvency practitioner communicates the undertaking to the works council of the establishment or, failing that, to the staff delegates.
Failure by employees and public creditors to respond within sixty days of receipt of the commitment proposal shall constitute a refusal of the commitment. Failure by the other local creditors whose rights are affected to respond within the same period shall be deemed to constitute approval of the commitment.