49In order to answer the second question referred for a preliminary ruling, it must be noted that, as is apparent inter alia from recital 16, Directive 2001/24 is based on the principles of unity and universality, and establishes as a principle the mutual recognition of reorganisation measures and winding-up proceedings, and of their effects. For that purpose, the second and third subparagraphs of Article 3(2) and the second subparagraph of Article 9(1) of that directive make the reorganisation measures and the winding-up proceedings subject to the law of the home Member State and provide that the effects of such measures and proceedings are established according to the legislation of that State and that they are to be effective when they are effective in the home Member State. Those provisions also provide that, in principle, the lex concursus governs the reorganisation measures and the winding-up proceedings.
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