Activities of Eva LICHTENBERGER related to 2012/0360(COD)
Shadow reports (1)
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)
Legal basis opinions (0)
Amendments (5)
Amendment 63 #
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 1346/2000
Recital 9 a
Recital 9 a
(9a) The scope of this Regulation should extend to proceedings which promote the rescue of an economically viable debtor in order to help sound businesses to survive and give a second chance to entrepreneurs. It should notably extend to proceedings which provide for the restructuring of a debtor at a pre-insolvency stage, proceedings which leave the existing management in place and proceedings providing for a debt discharge of consumers and self-employed persons. Since tThese proceedings do not necessarilyshould entail the appointment of a liquidator, they should be covered by this Regulation if they take place under the control or supervision of a court. In this context, the term “control” should include situations where the court only intervenes on appeal by a creditor or interested party.
Amendment 64 #
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 1346/2000
Recital 19 a
Recital 19 a
(19a) Secondary proceedings may also hamper the efficient administration of the estate. Therefore, the court opening secondary proceedings should be able, on request of the liquidator, to postpone or refuse the opening if these proceedings are not necessary to protect the interests of local creditors. This should notably be the case if the liquidator, by an undertaking binding on the estate, agrees to treat local creditors as if secondary proceedings had been opened and to apply the rules of ranking of the Member State where the opening of secondary proceedings has been requested when distributing the assets located in that Member State. This Regulation should confer on the liquidator the possibility to give such undertakings and to lay down objective criteria which such undertakings need to meet.
Amendment 66 #
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 1 – paragraph 1 – introductory wording
Article 1 – paragraph 1 – introductory wording
1. This Regulation shall apply to collective judicial or administrative proceedings, including interim proceedings, which are based on a law relating to insolvency or adjustment of debt and in which, for the purpose of rescueavoidance of liquidation, adjustment of debt, reorganisation or liquidation,
Amendment 67 #
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
(b) any credit institutions, including institutions defined in article 2 of Directive 2013/36/EU,
Amendment 68 #
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) investment firms to the extent these are covered by Directive 2001/24/EC as amended, and institutions subject to Directive 2011/61/EU,