Chapter IV: Insolvency proceedings concerning members of a group of companies established in several Member States

Under Article 71(1) of Regulation (EU) No 2015/848, persons entered on the list of judicial administrators or judicial representatives pursuant to Articles L. 811-2 and L. 812-2 or an insolvency practitioner from another Member State. The provisions of the last three paragraphs of Articles L. 811-2 and L. 812-2 shall apply to insolvency practitioners from other Member States.

The court which has ordered the opening of the collective coordination proceedings shall decide on the coordinator’s request submitted in accordance with paragraph 6 of Article 72 of the Regulation and on the final statement drawn up pursuant to Article 77 of that Regulation. Article L. 663-1 shall not apply. The judgment on the final declaration may be appealed by any insolvency practitioner who has participated in the collective coordination…

The judgments of the court ruling on the requests for suspension and lifting of the suspension of the insolvency proceedings submitted by the coordinator pursuant to e of 2 of Article 72 may be appealed by the debtor, the administrator, the judicial representative, the coordinator and the public prosecutor.

A judgment dismissing the coordinator pursuant to Article 75 of the aforementioned Regulation (EU) 2015/848 may not be appealed.

The official receiver shall authorise the court-appointed agent to accept or refuse inclusion in a coordination procedure of the insolvency proceedings in which he is appointed, as well as to apply to participate voluntarily in the coordination procedure. The decision is not subject to appeal. The authorisation of the official receiver is also required to sign the mutual agreement provided for in Article 66(2) of the aforementioned Regulation (EU) 2015/848.

The official receiver shall authorise, where appropriate, the communication of confidential documents between the mandataire de justice and the coordinator under the conditions set out in Article L. 695-2.

The official receiver shall assess the grounds which, pursuant to Article 70(2) of the aforementioned Regulation (EU) No 2015/848, are brought to his attention by the judicial representative who does not follow the coordinator’s recommendations or the collective coordination programme.

The official receiver shall rule by a non-appealable order on disagreements relating to the collective coordination procedure between the judicial administrator and the judicial representative appointed in the insolvency proceedings opened on national territory.

A decree in Council of State shall specify the conditions of application of this chapter.