Recital (75)

To encourage creditors to become members of creditors’ committees, Member States should limit their civil liability for carrying out their functions in accordance with this Directive. Nonetheless, it should be possible to remove members of the creditors’ committee that have violated their duties intentionally or in a grossly negligent manner and hold them liable for that violation. In those cases, Member States should provide that those members are held individually liable for the detriment caused by their misconduct. Member States should be able not to apply such a limitation of civil liability where the expenses for an insurance covering the personal liability of the members of a creditors’ committee is borne by the insolvency estate. Where Member States entrust creditors’ committees with greater powers than those provided for by this Directive, allowing them, for example, to take decisions concerning the assets of the debtor or to accept transactions, they should be able to provide that the members of creditors’ committees are held liable in the same manner as insolvency practitioners.