8 Amendments of Tadeusz ZWIEFKA related to 2011/2006(INI)
Amendment 19 #
Motion for a resolution
Annex – part 1 – point 1.1 – indent 1 a (new)
Annex – part 1 – point 1.1 – indent 1 a (new)
– insolvency proceedings are initiated in a timely manner in order to allow a rescue of the troubled enterprise;
Amendment 21 #
Motion for a resolution
Annex – part 1 – point 1.1 – indent 3
Annex – part 1 – point 1.1 – indent 3
– insolvency proceedings can also be opened after the dissolution of a legal entity or of an entity without legal personality, as long as the distribution of the assets has not yet taken place, or in cases where assets are still available;
Amendment 22 #
Motion for a resolution
Annex – part 1 – point 1.1 – indent 4
Annex – part 1 – point 1.1 – indent 4
– the proceedings can be opened by a court or other competent authority upon a written request of a creditor or the debtor in written form; the request for the opening of the proceedings can be withdrawn as long as the proceedings have not been opened or the request has not been refused by a court;
Amendment 24 #
Motion for a resolution
Annex – part 1 – point 1.1 – indent 7
Annex – part 1 – point 1.1 – indent 7
– as far as mandatory filing for bankruptcy by the debtor is concerned, the proceedings must be opened within a period of between one and two months after the cessation of payments if the court has not already initiated preliminary proceedings or other appropriate measures in order to protect the assets;
Amendment 32 #
Motion for a resolution
Annex – part 1 – point 1.5 – indent 4 a (new)
Annex – part 1 – point 1.5 – indent 4 a (new)
– unimpaired creditors, or parties that are not affected by the plan, should not be entitled to vote on the plan or, at least, should not be able to impede it.
Amendment 33 #
Motion for a resolution
Annex – part 2 – point 2.1
Annex – part 2 – point 2.1
The European Parliament considers that the scope of the Insolvency Regulation should be broadened to include insolvency proceedings in which the debtor remains in possession or where a preliminary liquidator has been appointed. Annex A of the Insolvency Regulation should be revised accordingly.
Amendment 34 #
Motion for a resolution
Annex – part 2 – point 2.2
Annex – part 2 – point 2.2
The European Parliament considers that the Insolvency Regulation should include a definition of the term ‘centre of main interest’. The European Parliament suggests that the wording of Recital 13 as clarified by the case-law of the Court of Justice may be used as a formal definition to be included in Article 2. In any case the term ‘centre of main interest’ should be revised and defined in such a way as to prevent fraudulent forum-shopping.
Amendment 37 #
Motion for a resolution
Annex – part 2 – point 2.4 a (new)
Annex – part 2 – point 2.4 a (new)
2.4a Recommendation on certain aspects of avoidance actions The European Parliament considers that Article 13 of the Insolvency Regulation should be reviewed so that it does not encourage cross-border avoidance actions but helps to prevent avoidance actions from succeeding by means of choice-of- law clauses. In any event, the review of the avoidance action rules should take into account the consideration that healthy subsidiaries of an insolvent holding company should not be driven into insolvency due to avoiding actions rather than being sold in the interests of the creditors as a going concern.