Harmonising certain aspects of insolvency law

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4.3.2026 A10-0126/202

Amendment 202

Ton Diepeveen, Pascale Piera

on behalf of the PfE Group

Report A10-0126/2025

Emil Radev

Harmonising certain aspects of insolvency law

(COM(2022)0702 – C9-0410/2022 – 2022/0408(COD))

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. With respect to access to the national asset registers listed in the Annex, every Member State shall ensure that the insolvency practitioners appointed in another Member State are not subject to access conditions that are de jure or de facto less favourable than the conditions granted to the insolvency practitioners appointed in that Member State.

2. With respect to access to the national registers and databases listed in the Annex, a Member State may refuse such access to insolvency practitioners appointed in another Member State where that other Member State does not ensure a comparable level of education and continuing professional training for its insolvency practitioners, in particular in relation to the handling of personal data and commercially sensitive information. In such cases, the Member State applying higher professional standards may designate a national insolvency practitioner to act on behalf of the requesting insolvency practitioner from the Member State where lower professional standards apply.

Or. en

4.3.2026 A10-0126/203

Amendment 203

Ton Diepeveen, Pascale Piera

on behalf of the PfE Group

Report A10-0126/2025

Emil Radev

Harmonising certain aspects of insolvency law

(COM(2022)0702 – C9-0410/2022 – 2022/0408(COD))

Proposal for a directive

Article 27

Text proposed by the Commission

Amendment

Article 27

Assignment or termination of executory contracts

1. Member States shall ensure that the acquirer of the debtor’s business or part thereof is assigned the executory contracts which are necessary for the continuation of the debtor’s business and the suspension of which would lead to a business standstill. The assignment shall not require the consent of the debtor’s counterparty or counterparties.

In order to safeguard the freedom of contract, the debtor’s counterparty or counterparties shall retain the right to terminate the assigned contract, subject to a notice period no shorter than three months from the data of the notification of the assignment.

The first subparagraph shall not apply if the acquirer of the debtor’s business or part thereof is a competitor to the debtor’s counterparty or counterparties.

2. Member States shall ensure that the court may decide to terminate the executory contracts referred to in paragraph 1, first subparagraph, provided that one of the following conditions applies:

(a) the termination is in the interest of the debtor’s business or part thereof;

(b) the executory contract contains public service obligations for which the counterparty is a public authority and the acquirer of the debtor’s business or part thereof does not meet the technical and legal obligations to carry out the services provided for in such contract.

Point (a) of the first subparagraph shall not apply to executory contracts relating to licenses of intellectual and industrial property rights.

3. The law applicable to the assignment or to the termination of executory contracts shall be the law of the Member State where the liquidation phase has been opened.

Or. en