Activities of Sergio Gaetano COFFERATI related to 2012/0360(COD)
Plenary speeches (1)
Insolvency proceedings - Review and extension of the Commission recommendation of 12 March 2014 on a new approach to business failure and insolvency, with regard to family insolvency and second chances for individuals and households (debate) IT
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on insolvency proceedings (recast) PDF (145 KB) DOC (63 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings PDF (345 KB) DOC (487 KB)
Amendments (10)
Amendment 65 #
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1346/2000
Recital 20 a
Recital 20 a
(20a) This Regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies. Where insolvency proceedings have been opened for several companies of the same group, these proceedings should be properly coordinated, in particular in order to prevent the insolvency of one company in the group from jeopardising the future of the others. The various liquidators and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor. In addition, a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law.
Amendment 72 #
Proposal for a regulation
Article 1 – point 22
Article 1 – point 22
Regulation (EC) No 1346/2000
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. The courts of the Member State within the territory of which the centre of a debtor's main interests is situated shall have jurisdiction to open insolvency proceedings ("main proceedings"). The centre of main interests shall be the place where the debtor conducts the administration of his interests on a regular basis prior to the opening of insolvency proceedings or provisional proceedings and which is ascertainable by third parties.
Amendment 74 #
Proposal for a regulation
Article 1 – point 23
Article 1 – point 23
Regulation (EC) No 1346/2000
Article 3b – paragraph 2
Article 3b – paragraph 2
2. Where insolvency proceedings are opened in accordance with national law without a decision by a court, the liquidator appointed in such proceedingscourt which appointed the liquidator shall examine whether the Member State in which the proceedings are pending has jurisdiction pursuant to Article 3. Where this is the case, the liquidator shall specify the grounds on which jurisdiction is based and, in particular, whether jurisdiction is based on Article 3(1) or (2).
Amendment 77 #
Proposal for a regulation
Article 1 – point 28 a (new)
Article 1 – point 28 a (new)
Regulation (EC) No 1346/2000
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
(2a) Where the creditors include employees of the insolvent firm, those employees shall have a right of pre- emption with regard to the recovery of the sums owed.
Amendment 79 #
Proposal for a regulation
Article 1 – point 30
Article 1 – point 30
Regulation (EC) No 1346/2000
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Until such time as the system of interconnection of insolvency registers referred to in Article 20b is established, the liquidator shall request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State where an establishment of the debtor is located in accordance with the publication procedures provided for in that State. Such publication shall specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3(1) or (2)cover the information provided for in Article 20a.
Amendment 85 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29 a – paragraph 4
Article 29 a – paragraph 4
4. The liquidator in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision within three weeks of the date of receipt of such notification.
Amendment 86 #
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d – paragraph 2
Article 42 d – paragraph 2
2. The court having opened proceedings referred to in point b) of paragraph 1 shall stay the proceedings in whole or in part if it is proventhe liquidator provides sufficient evidence that such a stay would be to the benefit of the creditors in these proceedings. Such a stay may be ordered for up to threewo months and may be continued or renewed for the same period. The court ordering the stay may require the liquidator to take any suitable measure to guarantee the interests of the creditors in the proceedings.
Amendment 87 #
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d a (new)
Article 42 d a (new)
Amendment 88 #
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d b (new)
Article 42 d b (new)
Article 42db Tasks and rights of the coordinator 1. The court opening group coordination proceedings shall appoint a coordinator. The coordinator shall be independent of the group members and their creditors. The coordinator shall have the task of: (a) identifying and outlining procedural and substantive recommendations for the coordinated conduct of the insolvency proceedings; (b) mediating disputes arising between two or more insolvency representatives of group members; and (c) presenting a group coordination plan that identifies, describes and recommends a comprehensive set of measures appropriate to an integrated approach to the resolution of the group members’ insolvencies. In particular, the plan may include recommendations on: (i) the measures to be taken in order to re- establish the economic performance and the financial soundness of the group or any part of it; (ii) the settlement of intra-group disputes, in particular with respect to intra-group transactions and avoidance actions; (iii) agreements between the insolvency representatives of the insolvent group members. 2. The coordinator shall have the right to: (a) be heard and to participate, in particular by attending creditors' meetings, in any of the proceedings opened with respect to any member of the group; (b) present and explain a group coordination plan approved in accordance with Article 42dc(3); (c) request information from any insolvency representative that is or might be of use when identifying and outlining strategies and measures for coordinating the proceedings; and (d) request a stay for a period of up to three months of proceedings opened with respect to any other member of the group and to request the cessation of that stay.
Amendment 89 #
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d c (new)
Article 42 d c (new)
Article 42dc Court approval of group coordination plan 1. Insolvency representatives appointed for insolvency proceedings that would be affected by the implementation of a group coordination plan may comment on the draft of the plan within a period of no more than 15 days set by the coordinator when submitting the plan. 2. The draft plan submitted for court approval shall be accompanied by (a) a description of how paragraph 1 was complied with, drafted by the coordinator; (b) the comments received by the insolvency representatives as at the time of submission of the draft plan; (c) a reasoned statement by the coordinator as to how the comments have, or have not, been reflected in the draft plan. 3. The court shall approve the plan if it is satisfied that the coordinator complied with the formal requirements of paragraph 2 and of point (c) of paragraph 1 of Article 42db.