32026L0799#art_38Directive (EU) 2026/799 of the European Parliament and of the Council

Article 38 — Protection of the interests of the creditors

1. Member States shall ensure that security interests or other encumbrances are released in the course of the pre-pack proceedings in accordance with the same requirements that would apply in insolvency proceedings under national law. 2. Member States whose law makes the release of security interests conditional upon the consent of holders of secured claims in insolvency proceedings may provide that such consent is not required in the course of the pre-pack proceedings.

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