Proposal for a Council Implementing Regulation replacing the lists of insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings

Council Regulation (EC) No 1346/2000 is an important instrument of civil judicial cooperation at EU level. The efficient treatment of cross-border insolvencies of debtors with their centre of main interests in a Member State requires that the scope of the Regulation reflects the actual state of play of domestic insolvency laws.

The annexes to the Regulation were last amended by Council Implementing Regulation (EU) No 663/2014 of 5 June 2014. Annex A lists the insolvency proceedings referred to in Article 2(a) of the Regulation. Annex B lists the winding-up proceedings referred to in Article 2(c). Annex C lists the liquidators referred to in Article 2(b).

In December 2015 Poland notified the Commission of a substantial reform of its domestic law on restructuring, taking effect as of 1 January 2016, and requested to change the lists set out in Annexes A, B and C to the Regulation accordingly. According to Article 1(1) and Article 2(a) of the Regulation, as confirmed by the interpretation by the Court of Justice of the European Union, national proceedings qualify as "insolvency proceedings" in the context of the Regulation only if they are listed in Annex A thereto. National proceedings, therefore, which have not been expressly included in Annex A, are not affected by the Regulation.

The Commission has carefully analysed the request of Poland in order to ensure compliance of the notification with the requirements of the Regulation. Regulation (EC) No 1346/2000 should therefore be amended accordingly.

• Primary Source

EUR-Lex: COM(2016)366: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:366:FIN

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