Article L681-4 of the French Commercial code
November 7, 2023
A decree in the Council of State shall specify the conditions of application of this title.
A decree in the Council of State shall specify the conditions of application of this title.
The court seised of an application to open insolvency proceedings in respect of a debtor may open, as the case may be, main insolvency proceedings or territorial or secondary insolvency proceedings.
Without prejudice to the remedies otherwise open to them, the public prosecutor, by way of appeal, and any creditor, by way of appeal or third party opposition, as the case may be, may challenge the decision to open the main insolvency proceedings on a ground of international jurisdiction.
The official receiver shall authorise the judicial representative appointed in the main insolvency proceedings opened by a court located on the national territory to make, pursuant to Article 36 of the aforementioned Regulation (EU) No 2015/848, a commitment to the local creditors of an establishment of the debtor located on the territory of another Member State.
The court shall rule on challenges raised or applications made, in accordance with paragraphs 7 or 8 of Article 36 of the aforementioned Regulation (EU) No 2015/848, by the local creditors of an establishment of the debtor located within the territory of another Member State in order to obtain compliance with the undertaking given by the judicial representative or its conformity with the applicable law or to obtain for those…
A decree in Council of State shall specify the conditions of application of this chapter.
Other than the persons mentioned respectively in Article L. 631-4 and in the first and second paragraphs of Article L. 631-5 or to Article L. 640-4 and the first and second paragraphs of Article L. 640-5, the insolvency practitioner in the main insolvency proceedings opened on the territory of another Member State may request the opening of secondary insolvency proceedings for receivership or compulsory liquidation in respect of the debtor…
I.-The court hearing an application to open secondary insolvency proceedings shall reject the application where the insolvency practitioner in the main insolvency proceedings or the debtor in possession, having been heard or duly summoned, provides evidence of having given an undertaking in accordance with the provisions of Articles L. 692-7 et L. 692-8. II.-The court which suspends the opening of secondary insolvency proceedings under the conditions of Article 38(3) of…
The judgment opening secondary insolvency proceedings is subject to appeal or third-party objection by the insolvency practitioner of the main insolvency proceedings if he considers that the court has not complied with the provisions of Article 38 of Regulation (EU) 2015/848 referred to above.
For the purposes of applying Article 46 of the aforementioned Regulation (EU) No 2015/848, the court or official receiver who, after obtaining the opinion of the public prosecutor, grants the request to suspend, in whole or in part, the procedure for the realisation of the debtor’s assets located on national territory, may order any provisional or protective measure likely to safeguard the interests of local creditors. The same applies if,…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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