LegalizeCommission Implementing Regulation (EU) 2017/1105 of 12 June 2017 establishing the forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (1), and in particular Article 88 thereof,
After consulting the committee established by Article 89(1) of Regulation (EU) 2015/848,
Whereas:
(1) In order to ensure uniform conditions for implementing Regulation (EU) 2015/848 several forms should be established.
(2) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland and the United Kingdom took part in the adoption of Regulation (EU) 2015/848. Therefore Ireland and the United Kingdom are taking part in the adoption of this Regulation.
(3) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2015/848. Therefore Denmark is not taking part in the adoption of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard notice form to be used to inform known foreign creditors of the opening of insolvency proceedings, as referred to in Article 54(3) of Regulation (EU) 2015/848, shall be as set out in Annex I to this Regulation.
The standard claims form which may be used by foreign creditors for the lodgement of claims, as referred to in Article 55(1) of Regulation (EU) 2015/848, shall be as set out in Annex II to this Regulation.
The standard form which may be used by insolvency practitioners appointed in respect of group members for the lodgement of objections in group coordination proceedings, as referred to in the second subparagraph of Article 64(2) of Regulation (EU) 2015/848, shall be as set out in Annex III to this Regulation.
The standard form to be used for the electronic submission of individual requests for information via the European e-Justice Portal, as referred to in the first subparagraph of Article 27(4) of Regulation (EU) 2015/848, shall be as set out in Annex IV to this Regulation
Article 2
This Regulation shall enter into force on 26 June 2017.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 12 June 2017.
For the Commission The President Jean-Claude JUNCKER