Activities of Verónica LOPE FONTAGNÉ related to 2016/0359(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU
Amendments (11)
Amendment 23 #
Proposal for a directive
Recital 1
Recital 1
(1) The objective of this Directive is to remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures on preventive restructuring, insolvency and second chance. This Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating and thereby reduce avoidable job losses; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time; and that the effectiveness of restructuring, insolvency and discharge procedures is improved, in particular with a view to shortening their length.
Amendment 32 #
Proposal for a directive
Recital 2
Recital 2
(2) Restructuring should enable enterprises in financial difficulties to continue business in whole or in part, by changing the composition, conditions or structure of assets and liabilities or of their capital structure, including by sales of assets or parts of the business. Preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency and the liquidation of viable companies. Those frameworks should maximise the total value to creditors, owners and the economy as a whole and should prevent unnecessary job losses and losses of knowledge and skills. They should also prevent the build-up of non-performing loans. In the restructuring process the rights of all parties involved should be protected. At the same time, non-viable businesses with no prospect of survival should be liquidated as quickly as possible.
Amendment 38 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) A common legislative framework will be positive for the interests of businesses and entrepreneurs wishing to extend their activity to other Member States and for transnational investors, since legal uncertainty will be reduced.
Amendment 39 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Early restructuring may entail the exceptional renegotiation of working conditions, including pay, if this serves the normal continuation of business activity and the maintenance of jobs.
Amendment 44 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) A second chance should be seen as a step towards success and not a synonym for failure. Second-chance mechanisms that allow the exoneration of unpaid debt for those debtors who are considered as acting in good faith represent a disincentive for the black economy and foster the business culture, which will always have a positive effect on employment. Member States may extend second chance to natural persons.
Amendment 143 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'class formation' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests, taking into account possible pre-existing entitlements, liens or inter-creditor agreements, and their treatment under the restructuring plan; the Member States shall be responsible for delineating these categories;
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that employees’ representatives have full access to information and are consulted if action needs to be taken;
Amendment 206 #
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii a (new)
Article 8 – paragraph 1 – point f – point iii a (new)
(iiia) its impact on the working conditions and remuneration of workers.
Amendment 208 #
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii b (new)
Article 8 – paragraph 1 – point f – point iii b (new)
(iiib) its impact on subsidiaries and subcontractors.
Amendment 229 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States may also provide that outstanding wage claims for both active and retired workers are treated in a separate class of their own.
Amendment 288 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States may extend the scope of this Directive to cover natural persons if they see fit.