EIR Articles 21 & 22

Articles 21 and 22 of the European Insolvency Regulation (reproduced for ease of reference at the foot of this page) refer to Member States' procedures for publication and registration. These procedures, and the extent to which publication or registration is mandatory, tend not to be widely known in other jurisdictions. In particular, there is no centrally coordinated reference work enabling practitioners to check Member States' requirements. This area of INSOL Europe's website - currently a work in progress - seeks to address the problem by publishing a definitive guide by Member State. We are grateful to the many colleagues around Europe who have contributed.

Whilst we are endeavouring to provide full and accurate information here, it is clear that practitioners are best advised to seek local assistance when publishing or registering in another jurisdiction either judgements opening insolvency proceedings or notice of a liquidator's appointment.

Please contact the INSOL Europe Technical Officer (technical@insol-europe.org) with amendments to, or questions or comments on this guidance.

Article 21

Publication

1. The liquidator may request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State in accordance with the publication procedures provided for in that State. Such publication shall also specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3(1) or Article 3(2).

2. However, any Member State within the territory of which the debtor has an establishment may require mandatory publication. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3(1) are opened shall take all necessary measures to ensure such publication.

Article 22

Registration in a public register

1. The liquidator may request that the judgment opening the proceedings referred to in Article 3(1) be registered in the land register, the trade register and any other public register kept in the other Member States.

2. However, any Member State may require mandatory registration. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3(1) have been opened shall take all necessary measures to ensure such registration.