Reform of the EU Insolvency Regulation 2015

Contents

Information and background on the reform of the Regulation of the European Parliament and of the Council on insolvency proceedings.

Below is a comparison prepared by Schultze & Braun between the text of the European Insolvency Regulation (recast) and Regulation No 1346/2000 of 29 May 2000, plus a selection of the most important documents from the legislative reform process and links to these documents on the websites of the various European institutions.

1. Comparison between the EUROPEAN INSOLVENCY REGULATION (RECAST) and COUNCIL REGULATION (EC) No 1346/2000 of 29 May 2000 – by Schultze & Braun

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2. Proposal of the European Commission of 12 December 2012 for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1346/2000 on insolvency proceedings –  COM(2012) 744

3. EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION of 5 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings – P7_TA-PROV(2014)0093

Annex: REPORT of the Committee on Legal Affairs of 20 December 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings –  A7-0481/2013

4. Compromise proposal of the Council (Presidency) of 3 June 2014 for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings – General approach – 10284/14 ADD 1

Annex: Introduction of 3 June 2014 – 10284/14 INIT

Annex: Corrigendum of 4 June 2014 – 10284/14 COR 1 & 10284/14 ADD 1 COR 1

5. Proposal of the Council (Presidency) of 20 November 2014 for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings – Political agreement – 15414/14 ADD 1

Annex: Introduction of 20 November 2014 – 15414/14 INIT

Annex: Corrigendum of 25 November 2014 – 15414/14 ADD 1 COR 1  (does not concern the German version)

6. Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on insolvency proceedings (recast) adopted by the Council – 16636/5/14 REV 5

Annex: Statement of the Council’s reasons – 17 March 2015 – 16636/5/14 REV 5 ADD 1

7. REGULATION as adopted by the European Parliament on 20 May 2015 – PE 31 2015 INIT EN

8. Publication of the REGULATION in the Official Journal of the European Union on 5 June 2015 – CELEX 32015R0848 EN

9. COUNCIL REGULATION (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings

10. Laws implementing Regulation 2015/848 on insolvency proceedings

Germany (in German)

England/Wales (in English)

France/Rapport (in French)

France/Ordonnance (in French)

Italy: No implementing legislation has been passed in Italy, but article 1(2) of the instrument enabling the government to enact secondary legislation for the purposes of the reform of business crisis and insolvency (Law No. 155 of 19 October 2017) provides that the government must “take into account the requirements of European legislation and in particular Regulation 2015/848”. 

11. Commission Implementing Regulation (EU) 2017/1105 of 12 June 2017 establishing the forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings – Official Journal of the European Union

12. REGULATION as adopted by the European Parliament on 4 June 2018

Link to the Regulation (in French)