PART 4U.K.Reorganisation or Winding up of UK Credit Institutions: Recognition of EEA Rights

Detrimental acts pursuant to the law of an EEA StateU.K.

30.—(1) In a relevant reorganisation or a relevant winding up, the rules relating to detrimental transactions shall not apply where a person who has benefited from a legal act detrimental to all the creditors provides proof that—

(a)the said act is subject to the law of an EEA State; and

(b)that law does not allow any means of challenging that act in the relevant case.

(2) For the purposes of paragraph (1), “the rules relating to detrimental transactions” means any provision of the general law of insolvency relating to the voidness, voidability or unenforceability of legal acts detrimental to all the creditors.