Invitation for submissions: European Commission proposal for a directive on insolvency, debt, restructuring and second chance

The Department of Jobs, Enterprise and Innovation, together with the Department of Justice and Equality, is seeking views of interested parties on a recent proposal by the European Commission.

This EU proposal, which is contained in the attached documents, seeks to harmonise, for the first time, substantive provisions of national laws and frameworks across Member States in the area of business insolvency.  

It covers both company debts, and the debts of an over-indebted person who is or was carrying on a trade, business, craft or profession. (Each Member State also has an option, under the proposal, to extend the proposal’s application to over-indebted persons with non-business debts.)

The proposal could affect Irish company insolvency law (including examinership) as well as personal insolvency and bankruptcy law.

The Commission proposal will now be sent to the European Council (composed of the governments of the EU Member States) and the European Parliament, for discussion, possible amendment, and agreement.

How to send submissions

As part of Ireland’s national scrutiny of the proposal, the Department of Jobs, Enterprise and Innovation, and the Department of Justice and Equality, welcome views on the proposal, and invite stakeholders to make a submission.

Respondents may send their views in writing (preferably by email) to either the Department of Jobs, Enterprise and Innovation (regarding company insolvency) or the Department of Justice and Equality (regarding personal insolvency or bankruptcy), or to both, at the addresses below. The submissions should be marked 'Consultation - EU Commission Proposed Insolvency Directive', and submissions should arrive not later than Tuesday 31 January 2017.

Address when responding to the Department of Jobs, Enterprise and Innovation:

Email: companyinsolvency@djei.ie

Postal Address: Consultation on EU Commission Proposed Insolvency Directive, c/o Kimberley Langton, Company Law Unit, Department of Jobs, Enterprise and Innovation, Earlsfort Centre, Lower Hatch Street, Dublin 2, D02 PW01.

Address when responding to the Department of Justice and Equality:

Email: civil_law_reform_inbox@justice.ie (with ‘Proposed Insolvency Directive’ in the subject line)

Postal Address: Consultation on EU Commission Proposed Insolvency Directive, c/o Catherine Sheridan, Civil Law Reform Division, Department of Justice & Equality, Bishop's Square, Redmond's Hill, Dublin 2, D02TD99.

Freedom of Information and Publication of Submissions

Please note that all submissions received will be subject to the Freedom of Information Act 2014. Consequently, when submitting material, parties should specify any information which they consider should not be released, and identify the grounds under the Act which support the non-release of the information.

Either Department, or both, may also decide to place submissions received on its website in due course. A decision on any such placement may occur without prior consultation with respondents to this consultation process.

If a respondent does not wish any material contained in its submission to be published in this way because it is considered commercially sensitive or confidential, then this should be clearly indicated (with reasons) in the submission.

Queries

Further information may be obtained by contacting:

  • the Department of Jobs, Enterprise and Innovation (Deirdre O’Higgins – Telephone: 01 631 2692 or Email: Deirdre.ohiggins@djei.ie), or
  • the Department of Justice and Equality (Catherine Sheridan – Telephone: 01 479 0216 or Email: ctsheridan@justice.ie).

Published by Commerce, Consumer and Competition

Topics: Company Law, Company and Corporate Law

Back to Top