Group Details - Commission Expert Group
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Additional Information
Group of experts on restructuring and insolvency law (E03362)
Group which operates on a permanent basis
Policy Area:
Justice and Home Affairs
Lead DG:
JUST - DG Justice and Consumers
Associated DG:
FISMA - DG Financial Stability, Financial Services and Capital Markets Union
Informal, Temporary
The Group shall assist the Commission in the preparation of a potential legislative proposal containing minimum standards for a harmonised restructuring and insolvency law in the EU. The Commission may consult the group on any matter relating to this proposal. In particular, the Group's task shall be to help the Commission to consider among others the following issues: • the scope of the new instrument, in view of the objective of facilitating the free movement of capital in the internal market, of improving the enforcement of claims in insolvency and of giving natural persons a second chance; • common definitions; • common principles and rules in the area of preventive restructuring procedures (i.e. the follow-up to the Commission Recommendation); • common principles and rules in the area of formal insolvency procedures (e.g. filing of claims, conditions for accessing the procedures, avoidance actions, ranking of claims); • common principles and rules in the area of insolvency of natural persons with a view to giving honest debtors a second chance; • common principles and rules in connected areas, such as the qualifications of insolvency practitioners and the duties, liabilities and disqualifications of directors in the vicinity of insolvency; • the coordination between the European Insolvency Regulation 2015/848 and the new instrument; • special rules for SMEs' as debtors and as creditors with a view to reducing their costs and facilitating their access to restructuring and insolvency procedures; • any other measures aiming at reducing the costs and length of insolvency proceedings.
Assist the Commission in the preparation of legislative proposals and policy initiatives
Publication in RegExp:
10 Dec 2015
Last updated:
08 Apr 2021
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