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Harmonising certain aspects of insolvency law

Document TA-10-2026-0057 · P10_TA(2026)0057 · PE771.863

Kind
Adopted text TA-10-2026-0057
Date
10 March 2026
More facts (3)
Voted
  • 10 Mar 2026 (adopted text) Passed 498 for, 90 against, 28 abstained
Subject matter
COJC, MARI
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In short

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Parliament's amended version of the proposed directive harmonising certain aspects of insolvency law. It sets out rules on when insolvency proceedings may be opened, the duties of directors, and the avoidance of transactions that harm creditors.

Key points

  1. The directive applies to insolvency proceedings concerning debtors that are companies or firms, as defined in the Treaty.
  2. Member states must ensure that courts can open insolvency proceedings only if the debtor is insolvent, with insolvency defined as the inability to pay debts as they fall due.
  3. Directors must file for insolvency within a specified period after becoming aware of insolvency, or face liability for losses caused by delay.
  4. Transactions entered into by the debtor that unfairly prejudice creditors may be challenged and set aside if they occurred within a certain period before the opening of proceedings.
  5. The directive requires member states to provide for the possibility of restructuring plans to be approved by creditors and confirmed by courts, with safeguards for dissenting creditors.
  6. It establishes rules on the ranking of claims, ensuring that certain preferential claims, such as employee wages, are paid before ordinary unsecured claims.

Who is affected

  • Companies and firms that may become insolvent, their directors, creditors, and courts handling insolvency proceedings in EU member states.

Legal basis. Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union

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Text

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Committee on Legal Affairs

European Parliament legislative resolution of 10 March 2026 on the proposal for a directive of the European Parliament and of the Council harmonising certain aspects of insolvency law (COM(2022)0702 – C9-0410/2022 – 2022/0408(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2022)0702),

–having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90410/2022),

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

–having regard to the opinion of the European Economic and Social Committee of 22 March 2023,

–having regard to the provisional agreement approved by the responsible committee under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 5 December 2025 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 60 of its Rules of Procedure,

–having regard to the opinion of the Committee on Economic and Monetary Affairs,

–having regard to the report of the Committee on Legal Affairs (A10-0126/2025),

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.

P10_TC1-COD(2022)0408

Position of the European Parliament adopted at first reading on 10 March 2026 with a view to the adoption of Directive (EU) 2026/… of the European Parliament and of the Council harmonising certain aspects of insolvency law

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2026/799.)

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Sources & citation

Where the facts on this page come from, and how to cite it.

Data source
Licensed CC BY 4.0.
Retrieved
25 September 2026

Cite as

European Parliament (2026). “Harmonising certain aspects of insolvency law”. Text, 10 March 2026. docId TA-10-2026-0057, reference TA10-0057/2026. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TA-10-2026-0057 (retrieved 25 September 2026). Official source: The text on the European Parliament’s website, https://www.europarl.europa.eu/doceo/document/TA-10-2026-0057_EN.html. Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/TA-10-2026-0057 (CC BY 4.0).
BibTeX
@misc{epw-text-ta-10-2026-0057,
  author = {{European Parliament}},
  title = {{Harmonising certain aspects of insolvency law}},
  year = {2026},
  date = {2026-03-10},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TA-10-2026-0057}},
  url = {https://news.eu-parl.st-solutions.dev/texts/TA-10-2026-0057},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId TA-10-2026-0057, reference TA10-0057/2026. Official source: https://www.europarl.europa.eu/doceo/document/TA-10-2026-0057\_EN.html. Data: EP Open Data API: document record (CC BY 4.0)}
}