Chapter II: Secondary insolvency proceedings

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,…

I.- The insolvency practitioner in the main insolvency proceedings may propose in the secondary insolvency proceedings a draft safeguard or recovery plan drawn up in accordance with the provisions of Article L. 626-2. II.-. The content and procedures for presenting the draft plan proposed by the insolvency practitioner of the main insolvency proceedings are those relating to the draft plan presented in accordance with the provisions of Article L. 626-30-2…

The official receiver shall record by order the creditors’ agreement referred to in paragraph 2 of Article 47 of the aforementioned Regulation (EU) 2015/848.