Jurisdiction(s):
European Union

Applicable law under Regulation (EU) 2015/848: lex concursus, asset location and exceptions between Member States (post‑Brexit)

Published by a LexisNexis EU Law expert

Practice notes

UK status

Since 31 January 2020 (exit day), the UK has not been an EU Member State. Under the Withdrawal Agreement there followed an implementation period during which EU law still applied to the UK. From 1 January 2021, however, the key operative elements of Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency, concerning automatic recognition, ceased to apply in the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency [Archived]). Other Member States nevertheless continue to apply the EU Recast Regulation on Insolvency when its conditions are met, and this note considers how it functions between Member States.

EU Recast Regulation on Insolvency

The EU Recast Regulation on Insolvency introduced substantial changes to the EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EC Regulation on Insolvency). For the full text of the EU Recast Regulation on Insolvency, click here. Although it came into force on 26 June 2015, most provisions only became effective from 26 June 2017 onwards, allowing Member States time to familiarise themselves with the revised framework...

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Web page updated on 21/05/2026

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