Insolvency
BusinessEurope is supportive of the European Commission proposal on insolvency, restructuring and second chance. This initiative is crucial to invert a worrying trend in Europe that 50 per cent of new businesses do not survive their first five years. It is also a way to produce a change of mindset in the EU against the stigma of business failure.
Insolvency is a fact of life that many companies in Europe will be faced with. Key facts on EU insolvencies show us that:
- ¼ of insolvencies have a cross-border nature;
- insolvencies cost 1.7 millions in job losses a year in the EU;
- it can take an average of 6 months to 4 years to resolve an insolvency case in national courts in the EU;
- recovery is higher in restructuring procedures (83% of claims) compared to liquidation procedures (57% of claims).
For the Commission proposal to have substantial impact the following elements should be secured:
- the proposal should remain limited to pre-insolvency procedures;
- an EU minimum standards approach is the best suited to insolvency law which is strongly intertwined with so many areas of national law;
- a right balance needs to be achieved between the interests of debtors and of creditors.
Publications
| Position papers | Date | |
|---|---|---|
| Proposal on EU insolvency and second chance - BusinessEurope comments | 27/02/2017 | |
| Towards an effective EU insolvency framework | 14/06/2016 |
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