In the June 2025 edition of Legal Industry Reviews (LIR) Luxembourg, our Partner Fabio Trevisan and Carolina Vasselli examine Article 10 of the New Insolvency Law of 2023 through the lens of the District Court’s decision in TAL-2023-10225.

Case study: District Court’s decision in TAL-2023-10225

Article 10 of the New Insolvency Law

The law of 7 August 2023 on the preservation of businesses and the modernisation of bankruptcy law (the “New Insolvency Law”), introduces, in Article 10, the possibility for a court to appoint a judicial representative (mandataire de justice) in cases of serious and proven misconduct by a debtor or its management, where such misconduct threaten business continuity and judicial intervention could safeguard it. 

Upon request by the Public Prosecutor or any interested party, the District Court may appoint one or more judicial representatives selected from sworn experts. The court’s order must define the scope and duration of his mission. Judicial reorganisation proceedings do not automatically end the judicial representative’s mission; the court determines whether it should continue, change or terminate. An evaluation must also be carried out if a conciliator has been previously appointed. 

To read the full article click on the following link: Commentary on Article 10 of the New Insolvency Law of 2023