32026L0799#art_30Directive (EU) 2026/799 of the European Parliament and of the Council

Article 30 — Assignment or termination of executory contracts

1. Member States shall ensure that the acquirer of the debtor’s business, or part thereof, is assigned the executory contracts which are necessary for the continuation of that business and the suspension of which would lead to a business standstill. The assignment shall not require the consent of the debtor’s counterparty or counterparties. The first subparagraph shall not apply where the acquirer of the debtor’s business, or part thereof, is a competitor of the debtor’s counterparty or counterparties. 2. Member States may provide that the consent of the debtor’s counterparty or counterparties is required depending on the type of contract, the nature of the parties, or the interests of the business. 3. Without prejudice to other termination rights, Member States may provide that the counterparty or counterparties can terminate executory contracts assigned under paragraph 1 subject to a notice period of no less than three months of the assignment, provided that the assignment of the contract would unfairly prejudice the counterparty or counterparties. 4. Member States may provide that executory contracts relating to licences of intellectual and industrial property rights of which the debtor is the licensor are not terminated without the consent of the licensee.

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