+Article 14 Valuation by the judicial or administrative authority
---+Article 14 1
---+Article 14 2
---+Article 14 3

Article 14 Valuation by the judicial or administrative authority

1. Overview

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Article 14 1

1.   The judicial or administrative authority shall take a decision on the valuation of the debtor's business only where a restructuring plan is challenged by a dissenting affected party on the grounds of either:

(a)

an alleged failure to satisfy the best-interest-of-creditors test under point (6) of Article 2(1); or

(b)

an alleged breach of the conditions for a cross-class cram-down under point (ii) of Article 11(1)(b).
Article 14 2

2.   Member States shall ensure that, for the purpose of taking a decision on a valuation in accordance with paragraph 1, judicial or administrative authorities may appoint or hear properly qualified experts.
Article 14 3

3.   For the purposes of paragraph 1, Member States shall ensure that a dissenting affected party may lodge a challenge with the judicial or administrative authority called upon to confirm the restructuring plan.

Member States may provide that such a challenge can be lodged in the context of an appeal against a decision on the confirmation of a restructuring plan.

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements

3. Related Standards

Standards