32026L0799#art_11Directive (EU) 2026/799 of the European Parliament and of the Council

Article 11 — Consequences for the party that benefited from a void, voidable or unenforceable legal act

1. Where and to the extent that the party that benefited from the void, voidable or unenforceable legal act returns the actual benefits themselves or pays their monetary equivalent in accordance with Article 10, Member States shall ensure that any claim of that party which was satisfied by means of that legal act revives in accordance with national law. 2. Member States shall ensure that any counter-performance rendered by the party that benefited from the void, voidable or unenforceable legal act after, or in an instant exchange for, the performance by the debtor under that legal act is refunded from the insolvency estate to the extent that benefits rendered as the counter-performance are still available in the insolvency estate in a form that can be distinguished from the rest of the insolvency estate or to the extent that the insolvency estate is still enriched by the value of the counter-performance. In cases not covered by the first subparagraph, the party that benefited from the void, voidable or unenforceable legal act may lodge a claim for the compensation of the counter-performance.

Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.