(4) Subsection 43(3) of the Federal Courts Act does not apply to a claim secured by a maritime lien under this section.

Any other questions relating to the law of insolvency, such as whether the employees' claims are protected by preferential rights and the status such preferential rights may have, should be determined by the law of the Member State in which the insolvency proceedings (main or secondary) have been opened, except in cases where an undertaking to avoid secondary insolvency proceedings has been given in accordance with this Regulation.

| The Member States book traditional own resources to one of two accounts: - the normal account for amounts recovered or guaranteed (these amounts are paid into the EU budget) - the separate account for amounts which have not been recovered or guaranteed amounts which have been contested.Traditional own resources collection system: all the systems and procedures introduced by the Member States to ensure that traditional own resources are established, entered in the accounts, recovered and paid.Any entitlement which is irrecoverable is withdrawn from the separate account.

The Commission considers that the ‘maritime lien’ [4] which appears to be the main protection provided to seafarers in these two Member States in case of insolvency of the employer may not always offer a degree of protection equivalent to that of the guarantee institution since the value of the vessel may in some cases not cover the minimum amount of outstanding claims provided for by the Directive.

4. Where eligible deposits at an institution under resolution are transferred to another entity through the sale of business tool or the bridge institution tool, the depositors have no claim under Directive 2014/49/EU against the deposit guarantee scheme in relation to any part of their deposits at the institution under resolution that are not transferred, provided that the amount of funds transferred is equal to or more than the aggregate coverage level provided for in Article 6 of that Directive.

3. Except in cases where the law of the home Member State provides for the submission of observations relating to claims, a creditor shall send copies of supporting documents, if any, and shall indicate the nature of the claim, the date on which it arose and its amount, as well as whether he alleges preference, security in re or reservation of title in respect of the claim and what assets are covered by his security.