A customer in Italy stops paying and, a few weeks later, a notice arrives: insolvency proceedings have been opened before a court in Milan. Or a German supplier's administrator writes to all creditors, or a Spanish tenant's name appears in the insolvency register. For a creditor in another Member State the questions come quickly. Do I need a lawyer there? Must I write in Italian? How long do I have? Regulation (EU) 2015/848 on insolvency proceedings answers most of them directly.
This guide is written for businesses and individuals with a claim against a debtor that has become subject to insolvency proceedings in another EU Member State, and for the advisers helping them. It follows the text of Regulation (EU) 2015/848 as consolidated on 6 November 2025, including the amendment of Article 53 by Regulation (EU) 2023/2844. It does not replace the insolvency law of the State where the proceedings were opened, which still governs most of the details.
Who counts as a foreign creditor, and which proceedings are covered
The Regulation's lodging rules protect the foreign creditor. Article 2(12) defines it as a creditor whose habitual residence, domicile or registered office is in a Member State other than the State in which the proceedings were opened. The definition expressly includes the tax and social security authorities of the Member States, so public creditors from another Member State use the same rules as private ones.
The Regulation applies to insolvency proceedings opened after 26 June 2017 (Article 84(1)); proceedings opened before that date remain governed by the earlier Regulation (EC) No 1346/2000 (Article 84(2)). Denmark does not take part in the Regulation and is not bound by it (Recital 88). The types of national proceedings covered are listed in Annex A, which has been replaced several times, most recently by Regulation (EU) 2025/2073; creditors should check the current Annex rather than an older list.
The lodging rules sit in Chapter IV of the Regulation (Articles 53 to 55), headed information for creditors and lodgement of their claims. Chapter IV works alongside the national procedure: it guarantees minimum standards but leaves the conduct of the proceedings to the law of the State of opening.
Where the proceedings are opened: main and secondary proceedings (Article 3)
Main proceedings are opened by the courts of the Member State where the debtor's centre of main interests (COMI) is situated (Article 3(1)). The COMI is the place where the debtor conducts the administration of its interests on a regular basis and which is ascertainable by third parties. For a company, the registered office is presumed to be the COMI unless proven otherwise, but only if it was not moved to another Member State in the three months before the request to open proceedings. For an individual exercising an independent business or professional activity, the presumption points to the principal place of business (three months); for any other individual, to the habitual residence (six months).
Where the COMI is in one Member State, the courts of another Member State may open proceedings only if the debtor has an establishment there, and those proceedings are restricted to the assets situated in that State (Article 3(2)). Proceedings opened in that way after the main proceedings are secondary proceedings (Article 3(3)).
For a creditor the distinction matters because any creditor may lodge its claim in the main proceedings and in any secondary proceedings (Article 45(1)). The insolvency practitioners also lodge in other proceedings the claims already lodged in their own, where this serves the creditors, subject to the creditor's right to oppose or withdraw where the applicable law allows (Article 45(2)). A creditor who has received a dividend in one set of proceedings shares in distributions in another only once creditors of the same ranking or category there have obtained an equivalent dividend (Article 23(2)).
How you find out: the duty to inform and the insolvency registers (Articles 24, 25 and 54)
As soon as proceedings are opened, the court or the insolvency practitioner it appoints must immediately inform the known foreign creditors (Article 54(1)). The individual notice must in particular state the time limits, the penalties attached to them, the body or authority that accepts the lodgement of claims and any other measures laid down; it must say whether preferential or secured creditors need to lodge; and it must include a copy of the standard claims form or say where it is available (Article 54(2)).
The notice uses a standard form headed Notice of insolvency proceedings in all official EU languages and is sent in the official language of the State of opening, or in another language that State has indicated it accepts if that language can be assumed to be easier for foreign creditors to understand (Article 54(3)). For an individual not exercising a business or professional activity, the standard form is not obligatory where creditors do not have to lodge claims to be taken into account (Article 54(4)).
A creditor who is not known to the practitioner will not receive an individual notice, which is why the insolvency registers matter. Every Member State must publish, as soon as possible after opening, mandatory information including the opening date, the court and case reference, the type of proceedings, whether jurisdiction is based on Article 3(1), 3(2) or 3(4), the debtor's details, the insolvency practitioner and the time limit for lodging claims or the criteria for calculating it (Article 24(1)-(2)). The national registers are interconnected through the European e-Justice Portal, which offers a search service in all official EU languages (Article 25(1)).
Lodging the claim: means, the standard form and its contents (Articles 53 and 55)
Means of lodging. A foreign creditor may lodge claims by any means of communication accepted by the law of the State of opening. Since its amendment by Regulation (EU) 2023/2844, Article 53 also refers to the means of electronic communication provided for in Article 4 of that Regulation; the practical availability of that channel follows the timetable of Regulation (EU) 2023/2844 itself. Representation by a lawyer or another legal professional is not mandatory for the sole purpose of lodging claims (Article 53).
The standard form. Any foreign creditor may use the standard claims form, headed Lodgement of claims in all official EU languages (Article 55(1)). It must contain: the creditor's name, postal address, e-mail address if any, personal identification number if any and bank details; the amount of the claim, with principal and, where applicable, interest, the date the claim arose and the date it became due if different; if interest is claimed, the rate, whether it is legal or contractual, the period and the capitalised amount; any pre-opening costs of asserting the claim; the nature of the claim; any preferential status claimed and its basis; any security in rem or reservation of title, the assets covered, the date the security was granted and any registration number; and any set-off claimed with the mutual amounts at the opening date (Article 55(2)). Copies of supporting documents must be attached.
Giving the bank details and the personal identification number is not compulsory, and the form must say so (Article 55(3)). A creditor who lodges without the standard form must still include all the information listed in Article 55(2) (Article 55(4)). Where the court, the insolvency practitioner or the debtor in possession doubts a claim, it must give the creditor the opportunity to provide additional evidence of its existence and amount (Article 55(7)).
Language and time limits (Article 55(5)-(6))
Language. Claims may be lodged in any official language of the institutions of the Union. The court, the insolvency practitioner or the debtor in possession may, however, require a translation into the official language of the State of opening, or of the place where proceedings were opened, or into another language that State has indicated it accepts; each Member State indicates whether it accepts other EU languages for lodging (Article 55(5)). A creditor whose own language is an official EU language can therefore lodge in it to meet the deadline, and should be ready to supply a translation if asked.
Time limit. Claims must be lodged within the period set by the law of the State of opening, but for a foreign creditor that period may not be less than 30 days from publication of the opening in the insolvency register of that State. Where a Member State relies on Article 24(4), the 30 days run from the creditor having been informed under Article 54 (Article 55(6)). The Regulation sets a floor, not a uniform period: national law may give longer, and the consequences of missing the deadline are those of the national law, which the Article 54 notice must describe.
| Question | Provision | Rule |
|---|---|---|
| Who is protected | Art. 2(12) | Creditors whose residence, domicile or registered office is in another Member State, including tax and social security authorities |
| Where proceedings are opened | Art. 3 | Main proceedings at the COMI; territorial or secondary proceedings where the debtor has an establishment |
| How creditors are informed | Arts. 24, 25, 54 | Individual notice to known foreign creditors; publication in national insolvency registers linked through the e-Justice Portal |
| How to lodge | Art. 53 | Any means accepted by the law of the State of opening, or the electronic means of Regulation 2023/2844; no lawyer required for lodging alone |
| What to include | Art. 55(2)-(4) | Identity, amount, interest, costs, nature, preference, security, set-off, supporting documents; bank details and ID number optional |
| Language | Art. 55(5) | Any official EU language; translation may be required |
| Deadline | Art. 55(6) | National period, but at least 30 days from publication in the register (or from the Art. 54 notice where Art. 24(4) applies) |
| Lodging in several proceedings | Art. 45 | Allowed in main and any secondary proceedings; equal-dividend rule of Art. 23(2) |
| Everything else | Art. 7 | Law of the State of opening: verification, ranking, distribution, closure |
What the law of the State of opening still decides (Articles 7, 8 and 9)
Outside the minimum guarantees of Chapter IV, the law of the State of opening governs the proceedings and their effects (Article 7(1)). Article 7(2) lists in particular the claims that must be lodged and the treatment of claims arising after opening, the rules governing the lodging, verification and admission of claims, the distribution of proceeds and the ranking of claims, the conditions for set-off, the effects on current contracts and on individual enforcement actions, the conditions and effects of closure, and the rules on transactions detrimental to creditors.
Two exceptions protect secured creditors and set-off. The opening of proceedings does not affect the rights in rem of creditors or third parties over assets of the debtor situated in another Member State at the time of opening (Article 8(1)). It also does not affect a creditor's right to demand set-off where the law applicable to the insolvent debtor's claim permits it (Article 9(1)), although transactions may still be challenged as detrimental to creditors under Article 7(2)(m) (Article 9(2)).
A creditor who, after main proceedings are opened, obtains satisfaction from the debtor's assets situated in another Member State, in particular by enforcement, must return what it obtained to the insolvency practitioner, subject to Articles 8 and 10 (Article 23(1)). Chasing the debtor's assets individually after main proceedings are opened therefore does not bypass the collective procedure.
Practical guidance
Search the register early. Do not wait for a letter. Once you hear of financial trouble, search the European e-Justice Portal's interconnected insolvency registers for the debtor and note the publication date and any stated time limit for lodging (Articles 24 and 25).
Lodge first, perfect later. The standard form can be completed in your own official EU language (Article 55(5)). Lodge within the period, attach the invoices, contract and statements of account, and be ready to supply translations or further evidence if the practitioner asks (Article 55(7)).
State everything that improves your position. Interest and its basis, pre-opening costs, any retention of title, security or set-off belong on the form (Article 55(2)); claim each of them expressly.
Check for secondary proceedings. If the debtor has an establishment in another Member State, secondary proceedings may exist, and you may lodge there as well (Article 45(1)).
Get local advice for contested claims. A lawyer is not needed to lodge (Article 53), but if your claim is disputed, ranked unfavourably or your security is challenged, the fight takes place under the law of the State of opening (Article 7) and local counsel usually becomes necessary.
Frequently asked questions
Do I need a lawyer in the other country to lodge my claim?
No. Under Article 53 of Regulation (EU) 2015/848, representation by a lawyer or another legal professional is not mandatory for the sole purpose of lodging claims. You may lodge by any means of communication accepted by the law of the State where the proceedings were opened, or by the electronic means referred to in Regulation (EU) 2023/2844. If your claim is later disputed, local advice is usually advisable.
Can I lodge my claim in English or my own language?
Yes, in any official language of the EU institutions (Article 55(5)). The court, the insolvency practitioner or the debtor in possession may require a translation into the official language of the State of opening or another language that State accepts.
How long do I have to lodge?
The period is set by the law of the State where proceedings were opened, but for a foreign creditor it cannot be less than 30 days from publication of the opening in that State's insolvency register, or from the individual notice where that State relies on Article 24(4) (Article 55(6)). Check the register entry and the notice for the exact period.
I never received a letter from the administrator. Am I still bound by the deadline?
The court or practitioner must immediately inform known foreign creditors (Article 54(1)), but deadlines generally run from publication in the insolvency register (Article 55(6)). Creditors who are not known may not receive a letter, so searching the registers through the European e-Justice Portal is the safer course.
What must the claim contain?
The information listed in Article 55(2): your identity and contact details, the principal amount with dates, any interest with its rate, basis and period, pre-opening costs, the nature of the claim, any preference, security in rem or reservation of title, and any set-off, with copies of supporting documents. Bank details and a personal identification number are optional (Article 55(3)).
The debtor has proceedings in two countries. Where do I lodge?
You may lodge in the main proceedings and in any secondary proceedings (Article 45(1)). A creditor that has received a dividend in one set of proceedings shares in distributions in the other only when creditors of the same ranking there have obtained an equivalent dividend (Article 23(2)).