Recent data presented by the European Commission
shows that every year in the EU approx. 200 000 companies are subject to
bankruptcy proceedings, of which 25% have a cross-border dimension. Today the
European Parliament gave its green light to new rules on cross-border insolvency
proceedings, which will facilitate the restructuring of these companies.
Moreover, the rules will allow a clear designation of the competent court,
preventing "forum shopping", which means finding the court that could
provide a more favorable judgment.
"The financial and economic crises showed us that we
need more efficient and effective rules on cross-border insolvency procedures
that will not only be fair for both creditors and debtors but also give honest
entrepreneurs a chance to restructure companies so they can operate better in
the future," said the Rapporteur, Tadeusz Zwiefka MEP, EPP Group spokesperson in
the Legal Affairs Committee. Due to the changes in regulation, a new procedure
will be established for groups of companies, which are subject to insolvency
proceedings before different national courts. The system will be an optional
instrument, meaning that within 30 days of receiving notification of the request
to open the coordination proceedings, the liquidator of a company may decide to
opt-out if he considers this to be more beneficial for the represented
company. "We wanted to ensure that all possible abuses in the
field of jurisdiction are avoided. In this context the result of the
negotiations can be seen as reasonable and beneficial for all interested
parties," added MEP Zwiefka. Furthermore, the new rules will create an electronic
register for better monitoring of cross-border insolvency proceedings in the EU
and also a standard claim form, available in all official EU languages. The vote ends the EU legislative procedure and the
regulation will enter into force on the twentieth day after its publication in
the Official Journal of the European Union.
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