1.Group coordination proceedings may be requested before any court having jurisdiction over the insolvency proceedings of a member of the group, by an insolvency practitioner appointed in insolvency proceedings opened in relation to a member of the group.
2.The request referred to in paragraph 1 shall be made in accordance with the conditions provided for by the law applicable to the proceedings in which the insolvency practitioner has been appointed.
3.The request referred to in paragraph 1 shall be accompanied by:
(a)a proposal as to the person to be nominated as the group coordinator (‘the coordinator’), details of his or her eligibility pursuant to Article 71, details of his or her qualifications and his or her written agreement to act as coordinator;
(b)an outline of the proposed group coordination, and in particular the reasons why the conditions set out in Article 63(1) are fulfilled;
(c)a list of the insolvency practitioners appointed in relation to the members of the group and, where relevant, the courts and competent authorities involved in the insolvency proceedings of the members of the group;
(d)an outline of the estimated costs of the proposed group coordination and the estimation of the share of those costs to be paid by each member of the group.
Without prejudice to Article 66, where the opening of group coordination proceedings is requested before courts of different Member States, any court other than the court first seised shall decline jurisdiction in favour of that court.
1.The court seised of a request to open group coordination proceedings shall give notice as soon as possible of the request for the opening of group coordination proceedings and of the proposed coordinator to the insolvency practitioners appointed in relation to the members of the group as indicated in the request referred to in point (c) of Article 61(3), if it is satisfied that:
(a)the opening of such proceedings is appropriate to facilitate the effective administration of the insolvency proceedings relating to the different group members;
(b)no creditor of any group member expected to participate in the proceedings is likely to be financially disadvantaged by the inclusion of that member in such proceedings; and
(c)the proposed coordinator fulfils the requirements laid down in Article 71.
2.The notice referred to in paragraph 1 of this Article shall list the elements referred to in points (a) to (d) of Article 61(3).
3.The notice referred to in paragraph 1 shall be sent by registered letter, attested by an acknowledgment of receipt.
4.The court seised shall give the insolvency practitioners involved the opportunity to be heard.
1.An insolvency practitioner appointed in respect of any group member may object to:
(a)the inclusion within group coordination proceedings of the insolvency proceedings in respect of which it has been appointed; or
(b)the person proposed as a coordinator.
2.Objections pursuant to paragraph 1 of this Article shall be lodged with the court referred to in Article 63 within 30 days of receipt of notice of the request for the opening of group coordination proceedings by the insolvency practitioner referred to in paragraph 1 of this Article.
The objection may be made by means of the standard form established in accordance with Article 88.
3.Prior to taking the decision to participate or not to participate in the coordination in accordance with point (a) of paragraph 1, an insolvency practitioner shall obtain any approval which may be required under the law of the State of the opening of proceedings for which it has been appointed.
1.Where an insolvency practitioner has objected to the inclusion of the proceedings in respect of which it has been appointed in group coordination proceedings, those proceedings shall not be included in the group coordination proceedings.
2.The powers of the court referred to in Article 68 or of the coordinator arising from those proceedings shall have no effect as regards that member, and shall entail no costs for that member.
1.Where at least two-thirds of all insolvency practitioners appointed in insolvency proceedings of the members of the group have agreed that a court of another Member State having jurisdiction is the most appropriate court for the opening of group coordination proceedings, that court shall have exclusive jurisdiction.
2.The choice of court shall be made by joint agreement in writing or evidenced in writing. It may be made until such time as group coordination proceedings have been opened in accordance with Article 68.
3.Any court other than the court seised under paragraph 1 shall decline jurisdiction in favour of that court.
4.The request for the opening of group coordination proceedings shall be submitted to the court agreed in accordance with Article 61.
Where objections to the person proposed as coordinator have been received from an insolvency practitioner which does not also object to the inclusion in the group coordination proceedings of the member in respect of which it has been appointed, the court may refrain from appointing that person and invite the objecting insolvency practitioner to submit a new request in accordance with Article 61(3).
1.After the period referred to in Article 64(2) has elapsed, the court may open group coordination proceedings where it is satisfied that the conditions of Article 63(1) are met. In such a case, the court shall:
(a)appoint a coordinator;
(b)decide on the outline of the coordination; and
(c)decide on the estimation of costs and the share to be paid by the group members.
2.The decision opening group coordination proceedings shall be brought to the notice of the participating insolvency practitioners and of the coordinator.
1.In accordance with its national law, any insolvency practitioner may request, after the court decision referred to in Article 68, the inclusion of the proceedings in respect of which it has been appointed, where:
(a)there has been an objection to the inclusion of the insolvency proceedings within the group coordination proceedings; or
(b)insolvency proceedings with respect to a member of the group have been opened after the court has opened group coordination proceedings.
2.Without prejudice to paragraph 4, the coordinator may accede to such a request, after consulting the insolvency practitioners involved, where
(a)he or she is satisfied that, taking into account the stage that the group coordination proceedings has reached at the time of the request, the criteria set out in points (a) and (b) of Article 63(1) are met; or
(b)all insolvency practitioners involved agree, subject to the conditions in their national law.
3.The coordinator shall inform the court and the participating insolvency practitioners of his or her decision pursuant to paragraph 2 and of the reasons on which it is based.
4.Any participating insolvency practitioner or any insolvency practitioner whose request for inclusion in the group coordination proceedings has been rejected may challenge the decision referred to in paragraph 2 in accordance with the procedure set out under the law of the Member State in which the group coordination proceedings have been opened.
1.When conducting their insolvency proceedings, insolvency practitioners shall consider the recommendations of the coordinator and the content of the group coordination plan referred to in Article 72(1).
2.An insolvency practitioner shall not be obliged to follow in whole or in part the coordinator's recommendations or the group coordination plan.
If it does not follow the coordinator's recommendations or the group coordination plan, it shall give reasons for not doing so to the persons or bodies that it is to report to under its national law, and to the coordinator.
1.The coordinator shall be a person eligible under the law of a Member State to act as an insolvency practitioner.
2.The coordinator shall not be one of the insolvency practitioners appointed to act in respect of any of the group members, and shall have no conflict of interest in respect of the group members, their creditors and the insolvency practitioners appointed in respect of any of the group members.
1.The coordinator shall:
(a)identify and outline recommendations for the coordinated conduct of the insolvency proceedings;
(b)propose a group coordination plan that identifies, describes and recommends a comprehensive set of measures appropriate to an integrated approach to the resolution of the group members' insolvencies. In particular, the plan may contain proposals for:
the measures to be taken in order to re-establish the economic performance and the financial soundness of the group or any part of it;
the settlement of intra-group disputes as regards intra-group transactions and avoidance actions;
agreements between the insolvency practitioners of the insolvent group members.
2.The coordinator may also:
(a)be heard and participate, in particular by attending creditors' meetings, in any of the proceedings opened in respect of any member of the group;
(b)mediate any dispute arising between two or more insolvency practitioners of group members;
(c)present and explain his or her group coordination plan to the persons or bodies that he or she is to report to under his or her national law;
(d)request information from any insolvency practitioner in respect of any member of the group where that information is or might be of use when identifying and outlining strategies and measures in order to coordinate the proceedings; and
(e)request a stay for a period of up to 6 months of the proceedings opened in respect of any member of the group, provided that such a stay is necessary in order to ensure the proper implementation of the plan and would be to the benefit of the creditors in the proceedings for which the stay is requested; or request the lifting of any existing stay. Such a request shall be made to the court that opened the proceedings for which a stay is requested.
3.The plan referred to in point (b) of paragraph 1 shall not include recommendations as to any consolidation of proceedings or insolvency estates.
4.The coordinator's tasks and rights as defined under this Article shall not extend to any member of the group not participating in group coordination proceedings.
5.The coordinator shall perform his or her duties impartially and with due care.
6.Where the coordinator considers that the fulfilment of his or her tasks requires a significant increase in the costs compared to the cost estimate referred to in point (d) of Article 61(3), and in any case, where the costs exceed 10 % of the estimated costs, the coordinator shall:
(a)inform without delay the participating insolvency practitioners; and
(b)seek the prior approval of the court opening group coordination proceedings.
1.The coordinator shall communicate with the insolvency practitioner of a participating group member in the language agreed with the insolvency practitioner or, in the absence of an agreement, in the official language or one of the official languages of the institutions of the Union, and of the court which opened the proceedings in respect of that group member.
2.The coordinator shall communicate with a court in the official language applicable to that court.
1.Insolvency practitioners appointed in relation to members of a group and the coordinator shall cooperate with each other to the extent that such cooperation is not incompatible with the rules applicable to the respective proceedings.
2.In particular, insolvency practitioners shall communicate any information that is relevant for the coordinator to perform his or her tasks.
The court shall revoke the appointment of the coordinator of its own motion or at the request of the insolvency practitioner of a participating group member where:
the coordinator acts to the detriment of the creditors of a participating group member; or
the coordinator fails to comply with his or her obligations under this Chapter.
The provisions applicable, under this Chapter, to the insolvency practitioner shall also apply, where appropriate, to the debtor in possession.
1.The remuneration for the coordinator shall be adequate, proportionate to the tasks fulfilled and reflect reasonable expenses.
2.On having completed his or her tasks, the coordinator shall establish the final statement of costs and the share to be paid by each member, and submit this statement to each participating insolvency practitioner and to the court opening coordination proceedings.
3.In the absence of objections by the insolvency practitioners within 30 days of receipt of the statement referred to in paragraph 2, the costs and the share to be paid by each member shall be deemed to be agreed. The statement shall be submitted to the court opening coordination proceedings for confirmation.
4.In the event of an objection, the court that opened the group coordination proceedings shall, upon the application of the coordinator or any participating insolvency practitioner, decide on the costs and the share to be paid by each member in accordance with the criteria set out in paragraph 1 of this Article, and taking into account the estimation of costs referred to in Article 68(1) and, where applicable, Article 72(6).
5.Any participating insolvency practitioner may challenge the decision referred to in paragraph 4 in accordance with the procedure set out under the law of the Member State where group coordination proceedings have been opened.