Abstract

The Restructuring Act significantly changes the position of tax authorities in reorganisation proceedings. Alas, the public law nature of tax authorities was not taken into consideration in the amendments. In restructuring proceedings the tax authorities have the standing of ordinary creditors and have to participate in negotiations with private entities, though without appropriate legal instruments therefor. The market economy investor principle is not such an instrument. As a result of the above, the tax authorities may assume a passive attitude in restructuring proceedings.