Avoidance actions should cover legal acts perfected within a certain minimum period prior to the date of submission of a request for the opening of insolvency proceedings or, in Member States where insolvency proceedings can be commenced by a resolution of the members of the administrative, management or supervisory body of the debtor, prior to the date of such a resolution. The ability to bring an avoidance action should not be dependent on the time that a court takes to examine a request to open insolvency proceedings or for a resolution to be adopted, pursuant to national law.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
