Article 10 — General consequences

1. Member States shall ensure that the claims, rights or obligations resulting from legal acts which are void or unenforceable or have been voided pursuant to Chapter 2 cannot be invoked to obtain satisfaction from the insolvency estate concerned. 2. Member States shall ensure that the party that benefited from the void, voided or unenforceable legal act is obliged to return the actual benefits themselves or to pay their monetary equivalent. The fact that the enrichment resulting from the void, voided or unenforceable legal act is no longer available in the property of the party that benefited from that legal act can only be invoked if that party was not aware of the circumstances on which the avoidance action is based. 3. Member States shall ensure that the limitation period for all claims resulting from a void, voidable or unenforceable legal act against the other party is no longer than three years from the date of the opening of insolvency proceedings. Member States may provide that the limitation period is calculated from the date the insolvency practitioner became aware of the facts that gave rise to the claim against the other party. This Directive is without prejudice to national law regulating the suspension or interruption of the limitation period referred to in the first subparagraph. 4. Member States shall ensure that a claim for the return of the actual benefits themselves or for the payment of their monetary equivalent pursuant to paragraph 2 can be assigned to a creditor or a third party. 5. Member States shall ensure that the party that is obliged to return the actual benefits themselves or pay their monetary equivalent pursuant to paragraph 2 cannot offset that obligation against any claims that it would otherwise need to pursue in the insolvency proceedings. 6. This Article is without prejudice to actions brought under civil and commercial law for compensation of damages suffered by creditors as a result of a void, voidable or unenforceable legal act.