Report From The Commission To The European Parliament, The Council And The European Economic And Social Committee on the application of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings

Council Regulation (EC) No 1346/2000 on insolvency proceedings came into force in May 2002. The Regulation established a European framework for cross-border insolvency proceedings. It applies whenever the debtor has assets or creditors in more than one Member State, irrespective of whether he is a natural or legal person. The Regulation determines which court has jurisdiction to open insolvency proceedings and ensures the recognition and enforcement of the ensuing decision throughout the Union. It also establishes uniform rules on applicable law and provides for the coordination of main and secondary proceedings.

The Regulation applies in all Member States with the exception of Denmark which has a special regime for judicial cooperation under the Treaty on the Functioning of the European Union.

This report has been prepared in accordance with Article 46 of the Regulation. It aims to present to the European Parliament, the Council and the European Economic and Social Committee an assessment of the application of the Regulation. This report has taken into account the following documents:

+ a comparative legal study on the evaluation of the Regulation in 26 Member States which was carried out by the Universities of Heidelberg and Vienna with the support of a network of national reporters;

+ a study for an impact assessment of an amendment of the Regulation carried out by a consortium of GHK and Milieu

+ The results of a web-based public consultation which took place between March and June 2012. The Commission received a total of 134 replies from all Member States except Bulgaria and Malta with the UK (21%), Romania (20%) and Italy (12%) representing more than 50% of all respondents. Replies were received from a wide range of stakeholders with academics, legal practitioners and public authorities providing the greatest number of replies.

The application of the Regulation was also discussed with the European Judicial Network in civil and commercial matters.

EUR-Lex: COM(2012)743: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:743:FIN

ESO: Background information: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee - A new European approach to business failure and insolvency http://www.europeansources.info/record/communication-from-the-commission-to-the-european-parliament-the-council-and-the-european-economic-and-social-committee-a-new-european-approach-to-business-failure-and-insolvency/

ESO: Background information: Proposal for A Regulation Of The European Parliament And Of The Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings http://www.europeansources.info/record/proposal-for-a-regulation-of-the-european-parliament-and-of-the-council-amending-council-regulation-ec-no-1346-2000-on-insolvency-proceedings/

---