Sittings · Document
Harmonising certain aspects of insolvency law
4.3.2026 C9-0410/206
Amendment 206
Gheorghe Piperea
on behalf of the ECR 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
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1 a) Minimum harmonization implies a set of common rules applicable to any insolvency proceedings, such as: -the judicial and transparent nature of the proceedings; -the collective and sacrificial nature of the proceedings—all participants in the proceedings are subject to restrictions on their rights, and creditors are subject to modifications, alterations, or cancellations of their claims against the debtor, in the common interest of creditors, employees, and interested parties (indirect shareholders, stakeholders); -the competitive nature of the procedure; -the independence of the court and the insolvency practitioner; -the liability of persons who caused the insolvency for the damages resulting from the insolvency; natural persons or legal entities who contributed to the insolvency by intentionally creating the appearance of the debtor's financial fitness, through subsidies, state aid, abusive or irresponsible loans, and illegal intra-group operations may also be liable; -insolvency prevention must not lead to the avoidance of normal insolvency proceedings or the circumvention of market economy principles: risk, trust, and business continuity imply the responsibility of the business owner, whether private or public. |
Or. en
4.3.2026 C9-0410/207
Amendment 207
Gheorghe Piperea
on behalf of the ECR 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
Recital 30 a (new)
| Text proposed by the Commission | Amendment |
| (30 a) Member States shall ensure that the monitor is not the same person as the insolvency practitioner to be appointed in the liquidation phase. Member States shall also ensure that there are no conflicts of interest between the monitor and the insolvency practitioner appointed in the liquidation phase or in insolvency proceedings ongoing at the time of the launch of the pre-pack procedure. Conflicts of interest shall be presumed to exist where the monitor is affiliated to the insolvency practitioner or they have a common beneficial owner. |
Or. en
4.3.2026 C9-0410/208
Amendment 208
Gheorghe Piperea
on behalf of the ECR 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
Recital 31 a (new)
| Text proposed by the Commission | Amendment |
| (31 a) Member States shall ensure that the court that opened the insolvency proceedings is separate and independent from the court that would decide on the liquidation phase in a pre-pack procedure. |
Or. en
4.3.2026 C9-0410/209
Amendment 209
Gheorghe Piperea
on behalf of the ECR 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
Recital 55 a (new)
| Text proposed by the Commission | Amendment |
| (55 a) Member States shall put in place procedures to prevent hostile takeovers through a pre-pack sale, which shall be made available in particular to public companies and companies that are competitors of potential acquirers or targets of "control hunters." |
Or. en
4.3.2026 C9-0410/210
Amendment 210
Gheorghe Piperea
on behalf of the ECR 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
Recital 55 b (new)
| Text proposed by the Commission | Amendment |
| (55 b) Systemic bankruptcies or exceptional emergency situations should not be used as a method of avoiding or circumventing insolvency proceedings. |
Or. en
4.3.2026 C9-0410/211
Amendment 211
Gheorghe Piperea
on behalf of the ECR 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 2 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
| (a a) 'monitor' means the natural or legal person authorized to select the best buyer for the debtor's business, as well as to negotiate the terms of sale or, where appropriate, to assist the debtor in the negotiation; the monitor may refer the matter to the creditors or the court in order to propose a decision on the sale; the monitor shall not be the insolvency practitioner appointed in the liquidation phase of the pre-pack procedure, nor the liquidator appointed in bankruptcy proceedings opened as a result of the failure of the pre-pack proceeding. |
Or. en
4.3.2026 C9-0410/212
Amendment 212
Gheorghe Piperea
on behalf of the ECR 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 19 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. The court that opened the insolvency proceedings pending at the date of commencement of the pre-pack proceeding is separate and independent from the court that would decide on the liquidation phase in a pre-pack proceeding. |
Or. en
4.3.2026 C9-0410/213
Amendment 213
Gheorghe Piperea
on behalf of the ECR 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 20 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. If a pre-pack proceeding has failed, the judicial reorganization shall cease or, as the case may be, shall no longer constitute an alternative to bankruptcy. The monitor shall not be appointed as liquidator in the bankruptcy proceedings opened following the failure of the pre-pack proceeding. |
Or. en
4.3.2026 C9-0410/214
Amendment 214
Gheorghe Piperea
on behalf of the ECR 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 22 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Employees, through their representatives, as well as the main creditors, may propose an alternative monitor. |
Or. en
4.3.2026 C9-0410/215
Amendment 215
Gheorghe Piperea
on behalf of the ECR 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 25 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| The court with jurisdiction in the liquidation phase of the pre-pack proceeding is separate and independent from the court that previously opened insolvency proceedings. The opening of the second phase, liquidation, of the pre-pack proceeding suspends the previously ongoing insolvency proceedings. |
Or. en