The following Luxembourg procedures have been introduced:
- Judicial reorganisation by collective agreement (réorganisation judiciaire par accord collectif)
- Judicial reorganisation through court-ordered transfer (réorganisation judiciaire par transfert par décision de justice)
- 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:
- Automatic recognition of judgments in other Member States.
- Streamlined cooperation between courts and insolvency practitioners.
- 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.