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Consultation on a new European approach to business failure and insolvency

Date: 11/10/2013

Policy field(s)

  • Civil Justice

Who can reply to this consultation?

All citizens, organisations and public authorities are welcome to contribute to this consultation 

Period of consultation

From 5 July until 11 October 2013

Purpose of the consultation

The Commission has adopted in December 2012 a Communication "A new European approach to business failure and insolvency" COM(2012) 742. As a follow-up the Commission is launching a public consultation to acquire views on the need for and feasibility of harmonising certain aspects of insolvency law. Your answers to this consultation will help the Commission to determine whether and how the existing legal framework should be improved and modernized.

How to submit your contribution

This consultation questionnaire can be filled out online only; alternatively replies can be submitted on paper to the address indicated below. It is not necessary to answer all questions. All contributions will be published on the website of the European Commission, provided that respondents clearly identify themselves. Please read the specific privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.

View the consultation document

Access the consultation questionnaire on Your Voice.

Reference document

  • Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings, COM(2012) 744
  • 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", COM(2012) 742
  • Report to the European Parliament, the Council and the European Economic and Social Committee on the application of Regulation (EC) No 1346/2000, COM(2012) 743
  • Communication from the Commission to the European Parliament, the Council,  the European Economic and Social Committee and the Committee of the Regions: Entrepreneurship Action Plan "Reigniting the entrepreneurial spirit in Europe, COM(2012) 795
  • European Parliament resolution of 15 November 2011 with recommendations to the Commission on insolvency proceedings in the context of EU company law
  •  European Parliament study "Harmonisation of Insolvency Law at EU level", INSOL Europe, 2010
  • Conclusions of the Competitiveness Council, May 2011, document of the Council of the EU No 10975/11
  • Replies to the public consultation on the future of European Insolvency Law, June 2012 -  http://ec.europa.eu/yourvoice/ipm/forms/dispatch?userstate=DisplayPublishedResults&form=Insolvency
  • "Business dynamics: start-ups, business transfers and bankruptcy, European Commission, DG Enterprise and Industry, January 2011 - http://ec.europa.eu/enterprise/policies/sme/business-environment/files/business_dynamics_final_report_en.pdfpdf Choose translations of the previous link 
  • Study on "Directors' duties and liabilities in the EU" prepared for the European Commission, DG MARKT by LSE Enterprise, London, December 2012: http://ec.europa.eu/internal_market/company/board/index_en.htm Choose translations of the previous link 

Contact details

Responsible service:  DG Justice, Unit A1 – Civil Justice Policy

E-mail:   JUST-CIVIL-COOP@ec.europa.eu

Postal address:  European Commission, Directorate-general Justice
Unit A 1 Civil Justice Policy - Secretariat
Rue Montoyer 59, 2/74   1049 BRUSSELS, Belgium

Data Protection Disclaimer

Incoming contributions will be published on the Commission website. It is possible to request that submissions remain confidential. In this case, contributors should expressly state in their submission that they oppose publication.

For further information on privacy rulings for this public consultation see the following Specific Privacy Statementpdf(20 kB) Choose translations of the previous link .

Civil Justice - Public consultations