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    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 ( with amendments to, or questions or comments on this guidance.

    Ulla Reisch
    Urbanek Lind Schmied Reisch

    Anthony Orr
    Simmons & Simmons

    Angel Ganev
    Djingov, Gouginski, Kyutchukov & Velichkov

    David Stokes
    Andreas Neocleous & CO LLC
    Czech Republic
    Tomas Richter
    Clifford Chance
    Glen Flannery
    Signe Viimsalu
    University of Tartu
    Jari-Pekka Alho
    Jean-Luc Vallens
    Court of Appeal of Colmar
    Martin Prager & Stephan Kolmann
    Stathis Potamitis
    Laszlo Csia
    Csabaholding Kft
    Livia Oglio
    Studio Legale Sutti
    Barry Cahir
    William Fry
    Inese Belicka
    Aizkraukle District Court
    Franck Heemann
    BNT Attorneys ABP 
    Christel Dumont
    OPF Partners
    Philip Manduca
    R. Frendo Randon & Associates
    Nicolaes Tollenaar
    Houthoff Buruma
    Pawel Sadowski
    OUT Sp. z.o.o. Insolvency Consulting
    Catarina Serra
    Faculty of Law - University of Minho
    Ioan Chiper
    Miculiti Chiper Shollenbarger Angelo (M.C.S.A.) S.C.P.A.
    Alistair Burrow
    Tods Murray
    Renatus Kollar
    Allen & Overy
    Juan Verdugo Garcia
    Niklas Körling & Karl Bondesson
    Setterwalls Advokatbyra

    Article 21


    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. 

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