Updated 04/02/2025
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Article 288 - Directive 2009/138/EC (Solvency II Directive)

Article 288

Set-off

1.   The opening of reorganisation measures or winding-up proceedings shall not affect the right of creditors to demand the set-off of their claims against the claims of the insurance undertaking, where such a set-off is permitted by the law applicable to the claim of the insurance undertaking.

2.   Paragraph 1 shall not preclude actions for nullity, voidability or unenforceability referred to in Article 274(2)(l).