{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-09T23:46:28":[{"data":[{"body":"EP","committees":[{"body":"EP","committee":"ECON","committee_full":"Economic and Monetary Affairs","date":"2010-12-14T00:00:00","rapporteur":[{"group":"ALDE","mepref":"4f1ac688b819f25efd000047","name":"BOWLES Sharon"}],"responsible":false},{"body":"EP","committee":"EMPL","committee_full":"Employment and Social Affairs","date":"2010-12-16T00:00:00","rapporteur":[{"group":"ECR","mepref":"4f1ac846b819f25efd0000da","name":"GIRLING Julie"}],"responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","date":"2010-12-01T00:00:00","rapporteur":[{"group":"PPE","mepref":"4f1ad248b819f27595000016","name":"LEHNE Klaus-Heiner"}],"responsible":true,"shadows":[{"group":"S&D","mepref":"4f1adaa9b819f207b3000083","name":"REGNER Evelyn"},{"group":"Verts/ALE","mepref":"4f1ad25eb819f2759500001e","name":"LICHTENBERGER Eva"},{"group":"ECR","mepref":"4f1ac978b819f25efd00013a","name":"KARIM Sajjad"},{"group":"GUE/NGL","mepref":"4f1ad979b819f207b300001b","name":"MA\u0160T\u00c1LKA Ji\u0159\u00ed"},{"group":"EFD","mepref":"4f1adb8db819f207b30000ce","name":"SPERONI Francesco Enrico"}]}],"date":"2011-01-20T00:00:00","type":"Committee referral announced in Parliament, 1st reading/single reading"},{"body":"EP","committees":[{"body":"EP","committee":"ECON","committee_full":"Economic and Monetary Affairs","date":"2010-12-14T00:00:00","rapporteur":[{"group":"ALDE","mepref":"4f1ac688b819f25efd000047","name":"BOWLES Sharon"}],"responsible":false},{"body":"EP","committee":"EMPL","committee_full":"Employment and Social Affairs","date":"2010-12-16T00:00:00","rapporteur":[{"group":"ECR","mepref":"4f1ac846b819f25efd0000da","name":"GIRLING Julie"}],"responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","date":"2010-12-01T00:00:00","rapporteur":[{"group":"PPE","mepref":"4f1ad248b819f27595000016","name":"LEHNE Klaus-Heiner"}],"responsible":true,"shadows":[{"group":"S&D","mepref":"4f1adaa9b819f207b3000083","name":"REGNER Evelyn"},{"group":"Verts/ALE","mepref":"4f1ad25eb819f2759500001e","name":"LICHTENBERGER Eva"},{"group":"ECR","mepref":"4f1ac978b819f25efd00013a","name":"KARIM Sajjad"},{"group":"GUE/NGL","mepref":"4f1ad979b819f207b300001b","name":"MA\u0160T\u00c1LKA Ji\u0159\u00ed"},{"group":"EFD","mepref":"4f1adb8db819f207b30000ce","name":"SPERONI Francesco Enrico"}]}],"date":"2011-10-11T00:00:00","text":["
The Committee on Legal Affairs adopted a\n report by Klaus-Heiner LEHNE (EPP, DE) with\n recommendations to the Commission on insolvency proceedings in the context of\n EU company law (Initiative –Rule 42 of the Rules of Procedure).
The Committee responsible notes that disparities between national insolvency laws create competitive advantages or disadvantages and difficulties\n for companies with cross-border activities which could become obstacles to a\n successful restructuring of insolvent companies (“forum shopping”).
Underlining that the existence of\n identical conditions for all would help to strengthen the single market,\n Members request the Commission to submit to Parliament on the basis of Article 50, Article 81(2) or Article 114 of the Treaty on\n the Functioning of the European Union, one or more legislative proposals\n relating to an EU corporate insolvency framework, following the detailed\n recommendations set out in the Annex hereto, in order to ensure a level\n playing field, based on a profound analysis of all viable alternatives.
The detailed recommendations as to the\n content of the proposal requested are as follows:
1. The harmonisation of specific\n aspects of insolvency and company law: Members recommend\n in particular:
2. The revision of Council Regulation\n (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings: the recommendations relate to:
3. The insolvency of groups of\n companies: due to the different levels of\n integration which may exist within a group of companies, Parliament considers\n that the Commission should present a flexible proposal for the\n regulation of the insolvency of groups of companies, whenever the\n functional/ownership structure allows it. They also suggest providing for an\n instrument for insolvency proceedings in respect of decentralised groups.
4. The creation of an EU insolvency\n register: Members propose the creation of an EU\n insolvency register in the context of the European e-Justice Portal, which\n should contain, for every cross-border insolvency opened, at least: (i) the\n relevant court orders and judgments, (ii) the appointment of the liquidator\n and that person's contact details, and (iii) the deadlines for filing claims.\n Transmission of these data to the EU registry by the courts should be\n compulsory.
Members consider that the legislative\n action requested should be based on detailed impact assessments, as\n requested by Parliament.
\nThe European Parliament adopted a resolution\nwith recommendations to the Commission on\ninsolvency proceedings in the context of EU company law (Initiative\n Rule 42 of the Rules of Procedure).
\nParliament notes that disparities between national insolvency\nlaws create competitive advantages or\ndisadvantages and difficulties for companies with cross-border\nactivities which could become obstacles to a successful\nrestructuring of insolvent companies (forum shopping).\nHowever, the existence of identical\nconditions for all would help to strengthen the single\nmarket.
\nIf the creation of a body of substantive insolvency\nlaw at EU level is not possible, there are certain areas of\ninsolvency law where harmonisation is worthwhile and achievable. It\nis for this reason that Members request the Commission to submit to\nParliament on the basis of Article 50,\nArticle 81(2) or Article 114 of the Treaty on the Functioning of\nthe European Union, one or more legislative proposals relating\nto an EU corporate insolvency framework, following the detailed\nrecommendations set out in the Annex hereto, in order to ensure a\nlevel playing field, based on a profound analysis of all viable\nalternatives.
\nThe detailed recommendations as to the content of the\nproposal requested are as follows:
\n1. The harmonisation of specific aspects of insolvency\nand company law: Parliament\nrecommends in particular:
\n2. The revision of Council Regulation (EC) No\n1346/2000 of 29 May 2000 on insolvency proceedings: the recommendations relate to:
\n3. The insolvency of groups of\ncompanies: due to the different\nlevels of integration which may exist within a group of companies,\nParliament considers that the Commission should present a\nflexible proposal for the regulation of the insolvency of\ngroups of companies, whenever the functional/ownership structure\nallows it. They also suggest providing for an instrument for\ninsolvency proceedings in respect of decentralised groups.\nIn this case, the instrument should provide, inter\nalia:
\n4. The creation of an EU insolvency\nregister: Members propose the\ncreation of an EU insolvency register in the context of the\nEuropean e-Justice Portal, which should contain, for every\ncross-border insolvency opened, at least: (i) the relevant court\norders and judgments, (ii) the appointment of the liquidator\nand that person's contact details, and (iii) the deadlines for\nfiling claims. Transmission of these data to the EU registry by the\ncourts should be compulsory.
\nParliament considers that the legislative action\nrequested should be based on detailed impact assessments, as\nrequested by Parliament.
\nThe Committee on Legal Affairs adopted a\n report by Klaus-Heiner LEHNE (EPP, DE) with\n recommendations to the Commission on insolvency proceedings in the context of\n EU company law (Initiative –Rule 42 of the Rules of Procedure).
The Committee responsible notes that disparities between national insolvency laws create competitive advantages or disadvantages and difficulties\n for companies with cross-border activities which could become obstacles to a\n successful restructuring of insolvent companies (“forum shopping”).
Underlining that the existence of\n identical conditions for all would help to strengthen the single market,\n Members request the Commission to submit to Parliament on the basis of Article 50, Article 81(2) or Article 114 of the Treaty on\n the Functioning of the European Union, one or more legislative proposals\n relating to an EU corporate insolvency framework, following the detailed\n recommendations set out in the Annex hereto, in order to ensure a level\n playing field, based on a profound analysis of all viable alternatives.
The detailed recommendations as to the\n content of the proposal requested are as follows:
1. The harmonisation of specific\n aspects of insolvency and company law: Members recommend\n in particular:
2. The revision of Council Regulation\n (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings: the recommendations relate to:
3. The insolvency of groups of\n companies: due to the different levels of\n integration which may exist within a group of companies, Parliament considers\n that the Commission should present a flexible proposal for the\n regulation of the insolvency of groups of companies, whenever the\n functional/ownership structure allows it. They also suggest providing for an\n instrument for insolvency proceedings in respect of decentralised groups.
4. The creation of an EU insolvency\n register: Members propose the creation of an EU\n insolvency register in the context of the European e-Justice Portal, which\n should contain, for every cross-border insolvency opened, at least: (i) the\n relevant court orders and judgments, (ii) the appointment of the liquidator\n and that person's contact details, and (iii) the deadlines for filing claims.\n Transmission of these data to the EU registry by the courts should be\n compulsory.
Members consider that the legislative\n action requested should be based on detailed impact assessments, as\n requested by Parliament.
\nThe European Parliament adopted a resolution\nwith recommendations to the Commission on\ninsolvency proceedings in the context of EU company law (Initiative\n Rule 42 of the Rules of Procedure).
\nParliament notes that disparities between national insolvency\nlaws create competitive advantages or\ndisadvantages and difficulties for companies with cross-border\nactivities which could become obstacles to a successful\nrestructuring of insolvent companies (forum shopping).\nHowever, the existence of identical\nconditions for all would help to strengthen the single\nmarket.
\nIf the creation of a body of substantive insolvency\nlaw at EU level is not possible, there are certain areas of\ninsolvency law where harmonisation is worthwhile and achievable. It\nis for this reason that Members request the Commission to submit to\nParliament on the basis of Article 50,\nArticle 81(2) or Article 114 of the Treaty on the Functioning of\nthe European Union, one or more legislative proposals relating\nto an EU corporate insolvency framework, following the detailed\nrecommendations set out in the Annex hereto, in order to ensure a\nlevel playing field, based on a profound analysis of all viable\nalternatives.
\nThe detailed recommendations as to the content of the\nproposal requested are as follows:
\n1. The harmonisation of specific aspects of insolvency\nand company law: Parliament\nrecommends in particular:
\n2. The revision of Council Regulation (EC) No\n1346/2000 of 29 May 2000 on insolvency proceedings: the recommendations relate to:
\n3. The insolvency of groups of\ncompanies: due to the different\nlevels of integration which may exist within a group of companies,\nParliament considers that the Commission should present a\nflexible proposal for the regulation of the insolvency of\ngroups of companies, whenever the functional/ownership structure\nallows it. They also suggest providing for an instrument for\ninsolvency proceedings in respect of decentralised groups.\nIn this case, the instrument should provide, inter\nalia:
\n4. The creation of an EU insolvency\nregister: Members propose the\ncreation of an EU insolvency register in the context of the\nEuropean e-Justice Portal, which should contain, for every\ncross-border insolvency opened, at least: (i) the relevant court\norders and judgments, (ii) the appointment of the liquidator\nand that person's contact details, and (iii) the deadlines for\nfiling claims. Transmission of these data to the EU registry by the\ncourts should be compulsory.
\nParliament considers that the legislative action\nrequested should be based on detailed impact assessments, as\nrequested by Parliament.
\n