Skip to main content

AI Summary of Article 108 Ranking in insolvency hierarchy

Member States must ensure in normal insolvency proceedings that (a) covered deposits and claims of deposit guarantee schemes under Article 9(2) of Directive 2014/49/EU share the highest priority; (b) eligible deposits exceeding the coverage level under Article 6 and deposits made through branches located outside the Union share the next-highest priority; and (c) other deposits rank above ordinary unsecured creditors. Deposits referred to in Article 5(1)(b),(c),(f),(k) and (l) of Directive 2014/49/EU are excluded from higher ranking and must not rank above ordinary unsecured creditors.

Ordinary unsecured claims must rank above unsecured claims arising from debt instruments that satisfy three conditions: original contractual maturity of at least one year, no embedded derivatives and an explicit contractual or prospectus reference to lower ranking; those instrument claims must rank above claims under Article 48(1)(a)–(d). Transitional provisions preserve the national laws as at 31 December 2016 for prior issuances, permit specified 2016–2017 changes and split-ranking arrangements, clarify that certain variable-rate and foreign‑currency features are not embedded derivatives, and provide that resolution financing arrangement claims from partial transfers have preferred priority over deposits.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 10 May 2026 - onwards
Version 4 of 4

Article 108 Ranking in insolvency hierarchy

1. Member States shall ensure that in their national laws governing normal insolvency proceedings:

(a) the following have the same priority ranking which is higher than the ranking provided for under point (b):

(i) covered deposits;

(ii) claims of deposit guarantee schemes referred to in Article 9(2) of Directive 2014/49/EU;

(b) the following have the same priority ranking which is higher than the ranking provided for under point (c):

(i) that part of eligible deposits from natural persons, micro, small and medium-sized enterprises and from public authorities which exceeds the coverage level provided for in Article 6 of Directive 2014/49/EU;

(ii) deposits that would be eligible deposits from natural persons, micro, small and medium-sized enterprises and from public authorities were they not made through branches located outside the Union of institutions established in the Union;

(c) deposits not referred to in points (a) and (b) have the same priority ranking which is higher than the ranking provided for the claims of ordinary unsecured creditors.