Council of the European Union and European Parliament 30 March 2026, Directive (EU) 2026/799 of the European Parliament and of the Council of 30 March 2026 harmonising certain aspects of insolvency law (Text with EEA relevance)

Also known as

European Union · · · 30-03-2026

TITLE I. GENERAL PROVISIONS
Article 1. Subject matter and scope
Article 2. Definitions
Article 3. Party closely related to the debtor
Article 4. National law and minimum harmonisation
Article 5. Protection of workers
TITLE II. AVOIDANCE ACTIONS
CHAPTER 1. General provisions
Article 6. General prerequisites for avoidance actions
CHAPTER 2. Specific conditions
Article 7. Preferences
Article 8. Legal acts in exchange for no or manifestly inadequate consideration
Article 9. Legal acts intentionally detrimental to creditors
CHAPTER 3. Consequences of avoidance actions
Article 10. General consequences
Article 11. Consequences for the party that benefited from a void, voidable or unenforceable legal act
Article 12. Liability of third parties
Article 13. Relation to other instruments
TITLE III. TRACING ASSETS BELONGING TO AN INSOLVENCY ESTATE
CHAPTER 1. Access by designated courts and administrative authorities to bank account information
Article 14. Designated courts and administrative authorities
Article 15. Access to and searches of bank account information by designated courts and administrative authorities
Article 16. Conditions for access to, and searches of, bank account information by designated courts and administrative authorities
Article 17. Monitoring access to, and searches of, bank account information by designated courts and administrative authorities
CHAPTER 2. Access by insolvency practitioners to beneficial ownership information
Article 18. Access by insolvency practitioners to beneficial ownership information
CHAPTER 3. Access by insolvency practitioners to national registers and databases
Article 19. Access by insolvency practitioners to national registers and databases
CHAPTER 4. Access to courts by the insolvency practitioners of another Member State
Article 20. Access to courts by the insolvency practitioners of another Member State
TITLE IV. PRE-PACK PROCEEDINGS
CHAPTER 1. General provisions
Article 21. Pre-pack proceedings
Article 22. Relationship with other Union legal acts
CHAPTER 2. Preparation phase
Article 23. Appointment of the monitor
Article 24. Principles applicable to the preparation phase
Article 25. Stay of individual enforcement actions
Article 26. Suspension of the opening of the liquidation phase
Article 27. Termination of the preparation phase
CHAPTER 3. Liquidation phase
Article 28. Liquidation phase
Article 29. Principles applicable to the liquidation phase
Article 30. Assignment or termination of executory contracts
Article 31. Debts and liabilities of the business acquired via pre-pack proceedings
Article 32. Suspensive effect of appeals
CHAPTER 4. Common provisions
Article 33. Criteria for selecting the best bid
Article 34. Civil liability of monitors and insolvency practitioners
Article 35. Parties closely related to the debtor in the sale process
Article 36. Interim financing
Article 37. Pre-emption rights and credit bidding
Article 38. Protection of the interests of the creditors
Article 39. Impact of competition law procedures on the timing or the successful outcome of the bid
TITLE V. DIRECTORS’ DUTY TO REQUEST THE OPENING OF INSOLVENCY PROCEEDINGS AND CIVIL LIABILITY
Article 40. Duties of directors
Article 41. Non-application or suspension of the duty to submit a request for the opening of insolvency proceedings
Article 42. Civil liability of directors
Article 43. Relation to other instruments
TITLE VI. CREDITORS’ COMMITTEES
CHAPTER 1. Establishment and members of creditors’ committees
Article 44. Establishment of creditors’ committees
Article 45. Appointment and composition of creditors’ committees
Article 46. Removal of members and replacement
CHAPTER 2. Working methods and function of creditors’ committees
Article 47. Working method of creditors’ committees
Article 48. Function, rights and duties of creditors’ committees
Article 49. Expenses and remuneration
Article 50. Liability
TITLE VII. MEASURES ENHANCING TRANSPARENCY OF NATIONAL INSOLVENCY LAWS
Article 51. Key information factsheet
TITLE VIII. FINAL PROVISIONS
Article 52. Emergency measures
Article 53. Committee procedure
Article 54. Review
Article 55. Transposition
Article 56. Entry into force
Article 57. Addressees

Official Journal
of the European Union

L series

2026/799

1.4.2026

DIRECTIVE (EU) 2026/799 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 30 March 2026

harmonising certain aspects of insolvency law

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

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