Restructurarea și insolvența – noi provocări în dreptul Uniunii Europene
Restructuring and insolvency – new challenges in European Union law

Summary/Abstract: The proposed Directive aiming to harmonize certain aspects of insolvency law extends previous endeavors to establish a unified legislative framework for pre-insolvency, restructuring, and insolvency within the European Union. This proposal addresses three critical facets of insolvency law: (i) the retrieval of assets from the liquidated estate, (ii) the efficiency of proceedings, and (iii) the equitable and predictable distribution of the reclaimed assets among creditors. In the context of this Directive, standardizing annulment actions presents one of the most challenging tasks, as over time, this topic has given rise to some of the most intricate issues in both national law and the jurisprudence of the Court of Justice of the European Union. Additionally, the proposed Directive introduces the 'pre-pack' procedure, a mechanism delicately balanced on the boundary between restructuring and liquidation.

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