Monitor Prawniczy

no. 20/2015

The restructuring law and the scope of application of the EU bankruptcy law

Marek Porzycki
Abstract

The text addresses the situation resulting from parallel reforms of the Polish insolvency law and of the EU regulation on insolvency proceedings. In order to achieve effectiveness of Polish insolvency proceedings throughout the EU (except Denmark) the new Polish proceedings under the law to become effective as of 1 January 2016 will need to be listed in the Annexes both to Regulation (EC) No 1346/2000 on insolvency proceedings and to Regulation (EU) 2015/848 on insolvency proceedings (recast). The issue of listing temporary liquidators appointed under Polish law before the decision on the opening of insolvency proceedings in the Annexes to both Regulations is also discussed.