Member States shall ensure that depositors' rights to compensation may be the subject of an action against the deposit guarantee scheme (DGS). DGSs that make payments under guarantee within a national framework shall have the right of subrogation to depositors' rights in winding‑up or reorganisation proceedings for an amount equal to payments made. Where a DGS contributes under the resolution tools in Article 37(3)(a) or (b) of Directive 2014/59/EU, or under measures in Article 11(5) of this Directive, it has a claim in winding‑up proceedings against the residual credit institution equal to its contribution; that claim ranks at the same level as covered deposits under national insolvency law in accordance with Article 108(1) of Directive 2014/59/EU.

Member States shall ensure that depositors whose deposits have not been repaid or acknowledged by the DGS within the deadlines in Article 8(1) and (3) may bring a claim against the DGS for repayment within five years of the date on which the relevant administrative authority makes the determination referred to in Article 2(1)(8)(a) or a judicial authority issues the ruling referred to in Article 2(1)(8)(b).