25 Amendments of Ernest URTASUN related to 2022/0408(COD)
Amendment 69 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
This Directive is without prejudice to workers’ rights to be informed and consulted in accordance with Union and national law on insolvency plans or elements of insolvency plans which may impact on terms and conditions of employment, structure of the undertaking, probable development and production and sales, substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut- backs or closures of undertakings or important parts thereof, and collective redundancies.
Amendment 81 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. This Directive shall not prevent Member States from adopting or maintaining provisions relating to pre- pack proceedings where such provisions provide a greater protection of workers or their representatives than those set out in this Title.
Amendment 82 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 84 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Member States shall provide that, upon request of the debtor, or of workers’ representatives, the court appoints a monitor.
Amendment 85 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point a a (new)
Article 22 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) carries its tasks in consultation with workers’ representations;
Amendment 88 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point d
Article 22 – paragraph 2 – subparagraph 1 – point d
(d) states whether it considers that the best bid does not constitute a manifest breach of the best-interest-of-creditors test, taking in account the impact on employment.
Amendment 89 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Actions by the monitor listed in the first subparagraph shall be done in writing, be made available in digital format and in a timely manner to all parties involved in the preparation phase, including workers´ representatives.
Amendment 93 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that the sale process carried out during the preparation phase presents convincing guarantees for the safeguarding of employment, is competitive, transparent, fair and meets market standards.
Amendment 95 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Member States shall ensure that workers’ representatives are informed and consulted on the proposed guarantees for the safeguarding of employment. Their opinion shall be appended to the documents transmitted to the competent insolvency authority.
Amendment 100 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Paragraphs 2 and 3 of this Article shall not apply to workers’ claims. The law applicable to these claims shall be determined in accordance with Article 8 of Regulation 593/2008 (Rome I).
Amendment 101 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall ensure that the acquirer acquires the debtor’s business or part thereof free of debts and liabilities, unless the acquirer expressly consents to bear the debts and the liabilities of the business or part thereofin accordance with Council Directive 2001/23/EC and the case law of the Court of Justice of the European Union.
Amendment 102 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
Liability for the clean-up of environmental impacts shall not be excluded from the acquisition.
Amendment 103 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that appeals against decisions of the court relating to the authorisation or execution of the sale of the debtor’s business or part thereof may have suspensive effects only subject to the provision by the appellant of a security that is adequate to cover the potential damages caused by the stay of the realisation of the sale. This provision does not apply to trade unions or workers’ representatives representing workers in the debtor’s business or part thereof.
Amendment 104 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure that the criteria to select the best bid in the pre-pack proceedings arinclude the samefeguarding of employment as well as the criteria used to select between competing offers in winding-up proceedings.
Amendment 107 #
Proposal for a directive
Article 34 a (new)
Article 34 a (new)
Article 34a Protection of the interests of third parties and the environment 1. Member States shall ensure that the cost for the remeditation of potential environmental damage, if any, within the responsibility of the debtor or on premises owned or occupied by the debtor, shall be assessed and considered as a claim on the debtor to be compensated alongside other creditors. 2. The cost of such environmental remediation, if required, shall be financed through the insolvency estate.
Amendment 108 #
Proposal for a directive
Article 36 – title
Article 36 – title
Duty to requtake all possible measurest the opening of insolvency proceedingso prevent bankruptcy
Amendment 110 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
Member States shall ensure that, where a legal entity becomes insolvent, its directors are obliged to submit a request for the opening of insolvency proceedings with the court no later than 3 months after the directors became aware or can reasonably be expected to have been aware that the legal entity is insolventtake all possible measures to prevent bankruptcy.
Amendment 112 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that the insolvent legal entity’s directors are liable for damages incurred by creditors and workers as a result of their failure to comply with the obligation laid down in Article 36.
Amendment 113 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Paragraph 1 shall be without prejudice to national rules on civil liability for the breach of the duty of directors to submit a request for the opening of insolvency proceedings as set out in Article 36 that are stricter towards directorstake all possible measures to prevent bankruptcy.
Amendment 145 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Member States shall ensure that the appointed members of the creditors’ committee fairly reflect the different interests of creditors or groups thereof, including the interests of workers through the appointment of a workers’ representative to the creditor’s committee.
Amendment 146 #
Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1
Article 60 – paragraph 1 – subparagraph 1
Member States shall ensure that members of the creditors’ committee represent solely the interests of the whole body of creditors, including workers, and act independently of the insolvency practitioner.
Amendment 147 #
Proposal for a directive
Article 60 – paragraph 1 – subparagraph 2
Article 60 – paragraph 1 – subparagraph 2
By way of derogation from the previous subparagraph, Member States may maintain national provisions that allow to set up more than one creditors’ committee representing different groups of creditors, including workers, in the same insolvency proceedings. In this case, the members of the creditors’ committee represent solely the interests of the creditors, including workers, who appointed them.
Amendment 148 #
Proposal for a directive
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The creditors’ committee owes the duties to all creditors it represents, including workers.
Amendment 150 #
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
Member States shall ensure that the number of members composing the creditors’ committee is at least 3 and does not exceed 711.
Amendment 151 #
Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Member States shall ensure that the creditors’ committee’s function is to ensure that in the conduct of the insolvency proceedings the creditors’ interests including the interests of workers are protected and individual creditors are involved, in the case of the workers through a workers’ representative.