Jurisdiction(s):
European Union

EU Insolvency Regulation (Recast): Member State Comparison of Main and Secondary Proceedings, with Post‑Brexit UK Status

Published by a LexisNexis EU Law expert

Practice notes

UK status

From 31 January 2020 (exit day) the UK ceased to be an EU Member State. Under the Withdrawal Agreement there was an implementation period during which EU law continued to apply to the UK. With effect from 1 January 2021, the principal operative elements of Regulation (EU) 2015/848 (OJ L141/19), the Recast Regulation on Insolvency, concerning automatic recognition, no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Nevertheless, where its conditions are fulfilled, other Member States still apply the EU Recast Regulation on Insolvency, and this note considers its operation as between Member States...

EU Recast Regulation on Insolvency

The EU Recast Regulation on Insolvency, applicable inter se between Member States, provides for the opening of main, secondary or territorial insolvency proceedings (see Practice Note: Recast Regulation on Insolvency as between Member States—main, secondary and territorial proceedings). The table below sets out the distinctions between the two most frequently encountered categories: main proceedings and secondary proceedings. For the full text of the EU...

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Web page updated on 21/05/2026

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