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What remedies are available against the opening of collective proceedings?

A judgment opening collective proceedings is automatically enforceable on a provisional basis.

This means that it becomes effective even before any remedies have expired and continues to be effective even if appeals are lodged, unless provisional enforcement is suspended.

The opening judgment may be appealed by :

  1. the debtor,
  2. the pursuing creditor,
  3. the public prosecutor.

In the event of the opening of a judicial liquidation procedure, the Social and Economic Committee may also lodge an appeal against the judgment.

The opening judgment may also be opposed by a third party.