Article 31 — Debts and liabilities of the business acquired via pre-pack proceedings

1. Without prejudice to Article 30 and Article 38(1) and (2), as well as to the obligations arising from employment relations affected by the sale of the business, or part thereof, Member States shall ensure that the acquirer acquires the debtor’s business, or part thereof, free of debts and liabilities, unless the acquirer expressly consents to bear the debts and the liabilities of the business or part thereof. 2. Paragraph 1 is without prejudice to national laws providing that the conduct of the debtor is taken into account in the assessment of the acquirer’s liability for damages where that conduct can be imputed to the acquirer under the applicable law.