Amendment Of Annexes A And B Of Regulation (EU) 2015/848

The European Union has amended Annex A of Regulation (EU) 2015/848 to include Luxembourg procedures introduced by the Law of 7 August 2023 on business preservation and modernisation of insolvency law (the 2023 Law).

The following Luxembourg procedures have been introduced:

1. Judicial reorganisation by collective agreement (réorganisation judiciaire par accord collectif)
2. Judicial reorganisation through court-ordered transfer (réorganisation judiciaire par transfert par décision de justice)
3. Judicial reorganisation for the purpose of obtaining a stay with a view to reaching an amicable agreement (réorganisation judiciaire aux fins d'obtenir un sursis en vue de permettre la conclusion d'un accord amiable)

Annex B of Regulation (EU) 2015/848 has been amended to include judicial officers (mandataires de justice) as provided for under the 2023 Law.

Impact of this change

Inclusion in Annex A means these procedures are now formally recognised across the EU as insolvency proceedings, triggering:

1. Automatic recognition of judgments in other Member States.
2. Streamlined cooperation between courts and insolvency practitioners.
3. Enhanced legal certainty for creditors and stakeholders in cross-border restructurings.

This is a significant step forward for Luxembourg's insolvency regime and its integration into the EU's cross-border insolvency framework.

If you'd like to learn more, reach out to our Restructuring team below.