Article 45 — Appointment and composition of creditors’ committees

1. Where a creditors’ committee is established pursuant to Article 44, Member States shall ensure that the members of the creditors’ committee are appointed without undue delay either at the general meeting of creditors or by decision of the court. 2. Member States shall ensure that the composition of creditors’ committees fairly reflects, as far as possible, the different interests of creditors. When workers are among the creditors, Member States shall ensure that those workers or their representatives are eligible for appointment to the creditors’ committee, unless there is at least another equivalent mechanism for representing the interests of workers in insolvency proceedings. Member States may provide that persons and entities other than creditors are also eligible for appointment to creditors’ committees. 3. Member States shall ensure that cross-border creditors are eligible for appointment to creditors’ committees. 4. Member States shall ensure that, where national law provides for appeals, any interested party defined in accordance with national law can challenge before the court the appointment of one or more members of a creditors’ committee on the grounds that the appointment was not made in accordance with applicable law.