P8_TA(2019)0321 Increasing the efficiency of restructuring, insolvency and discharge procedures ***I European Parliament legislative resolution of 28 March 2019 on the proposal for a directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU (COM(2016)0723 — C8-0475/2016 — 2016/0359(COD)) P8_TC1-COD(2016)0359 Position of the European Parliament adopted at first reading on 28 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency)
Date: 2019-03-28
Institutions: Committee on Economic and Monetary Affairs, Committee on Employment and Social Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, aid for restructuring, aid to undertakings, approximation of laws, company in difficulties, company law, financial solvency, liquidation








C_2021108EN.01093001.xml










26.3.2021   


EN


Official Journal of the European Union


C 108/930






P8_TA(2019)0321
Increasing the efficiency of restructuring, insolvency and discharge procedures ***I
European Parliament legislative resolution of 28 March 2019 on the proposal for a directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU (COM(2016)0723 — C8-0475/2016 — 2016/0359(COD))
(Ordinary legislative procedure: first reading)
(2021/C 108/52)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2016)0723),










—


having regard to Article 294(2) and Articles 53 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0475/2016),










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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Dáil Éireann and the Seanad Éireann, asserting that the draft legislative act does not comply with the principle of subsidiarity,










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having regard to the opinion of the European Economic and Social Committee of 29 March 2017 (1),










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having regard to the opinion of the Committee of the Regions of 12 July 2017 (2)











—


having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Employment and Social Affairs (A8-0269/2018),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 209, 30.6.2017, p. 21.

(2)  OJ C 342, 12.10.2017, p. 43.




P8_TC1-COD(2016)0359
Position of the European Parliament adopted at first reading on 28 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1023.)