Insolvency Regulation: Annexes A and B amended to reflect Luxembourg’s business preservation law

On 17 October 2025, Regulation (EU) 2025/2073 amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B (Regulation) was published in the Official Journal of the EU. The purpose of the new Regulation is to update the lists of insolvency proceedings and insolvency practitioners to which it applies in each Member State, as outlined in Annexes A and B of Regulation 2015/848 (Insolvency Regulation).

These amendments are essential as the definitions for “insolvency proceedings” and “insolvency practitioners” refer to Annexes A and B, respectively, of the Regulation. Therefore, the new Regulation now reflects recent changes in national insolvency laws, including those of Luxembourg, and ensures alignment with the current legal frameworks.

Amendments under Regulation 2025/2073

Annex A now includes the following judicial reorganisation proceedings in Luxembourg:

• judicial reorganisation proceedings in the form of a collective agreement (réorganisation judiciaire par accord collectif)
• judicial reorganisation proceedings in the form of a transfer by court order (réorganisation judiciaire par transfert par décision de justice)
• reorganisation procedure in the form of a mutual agreement (réorganisation judiciaire aux fins d’obtenir un sursis en vue de permettre la conclusion d’un accord amiable)

It should also be noted that the procedures controlled management (gestion contrôlée) and composition with creditors to prevent bankruptcy (by assigning assets) (concordat préventif de faillite (par abandon d’actif)) were applicable only until 1 November 2023.

Annex B includes the role of court-appointed agent (mandataire de justice) as a recognised insolvency practitioner in Luxembourg.

The amended Regulation will enter into force on the twentieth day following its publication in the Official Journal of the EU (6 November 2025) and will be directly applicable in all Member States.