2. Member States shall ensure that the conditions under which a restructuring plan can be confirmed by a judicial or administrative authority are clearly specified and include at least the following:
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(a)
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the restructuring plan has been adopted in accordance with Article 9;
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(b)
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creditors with sufficient commonality of interest in the same class are treated equally, and in a manner proportionate to their claim;
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(c)
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notification of the restructuring plan has been given in accordance with national law to all affected parties;
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(d)
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where there are dissenting creditors, the restructuring plan satisfies the best-interest-of-creditors test;
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(e)
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where applicable, any new financing is necessary to implement the restructuring plan and does not unfairly prejudice the interests of creditors.
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Compliance with point (d) of the first subparagraph shall be examined by a judicial or administrative authority only if the restructuring plan is challenged on that ground.