Legislative Observatory
European Parliament
Please fill in this field to find a procedure

Insolvency proceedings: replacing Annexes A and B

2025/0023(COD)

PURPOSE: to amend Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Annexes A and B to Regulation (EU) 2015/848 of the European Parliament and of the Council list the designations given in national law of the Member States, respectively, to the insolvency proceedings and to the insolvency practitioners to which that Regulation applies. It is, therefore, important that these Annexes are regularly updated in order to reflect the actual legal situation in the Member States.

In July 2022, Slovakia notified the Commission of recent changes of its domestic insolvency law introducing a new preventive restructuring procedure and a new type of insolvency practitioner. That notification was followed by notifications from Estonia, Spain, Malta and Italy in September 2022, from Belgium in July 2023 and from Luxembourg in January 2024, all relating to recent changes to their domestic law that introduce new types of insolvency proceedings or insolvency practitioners.

Those new types of insolvency proceedings and insolvency practitioners comply with the requirements set out in Regulation (EU) 2015/848 and make it necessary to amend Annexes A and B to that Regulation.

CONTENT: this proposal to amend Annexes A and B to Regulation (EU) 2015/848 aims to ensure that the scope of that Regulation reflects, at the time of its application, the existing legal framework of the Member States in matters of insolvency.

The proposal however merely modifies these Annexes to accurately reflect the content of national notifications and adapt the Annexes containing the lists of national procedures, or types of insolvency practitioners, respectively, in this field. These changes do not affect any of the obligations and rules set out in the Regulation itself.