S.L. 452.84 Art. 10Insolvency proceedings.

(1) Notwithstanding any other provision in these regulations, in the case of any state of insolvency, where a request has been made for the opening of collective proceedings based on insolvency of the employer as provided for under the laws, regulations and administrative provisions of a Member State, occurring and affecting an undertaking with activities in the territories of at least two Member States, the guarantee institution responsible for meeting any employees’ outstanding claims made on or after the 8th October, 2005 shall be the institution in the Member State in whose territory the employees registering their claim habitually work, and the extent of the employees’ rights shall be determined by the law of the Member State governing the competent guarantee institution.

(2) In the cases referred to in subregulation (1), where insolvency proceedings have been requested in a Member State other than Malta, any decision taken by the competent administrative authorities in that Member State shall be taken into account by the Administration Boardin determining the employer’s state of insolvency in respect of any valid claims registered with the Fund.

(3) For the purpose of facilitating the implementation of the provisions of subregulation (1), the Administration Board shall take the necessary measures to co-operate fully with the competent administrative authorities and the guarantee institutions in other Member States responsible for meeting any employees’ outstanding claims in terms of Council Directive 80/987/EEC, and such measures shall include the request for and provision of any information considered necessary in any particular case.