La Direttiva (UE) 2019/1023 e l'evoluzione delle procedure concorsuali nell'ottica della continuità aziendale e dell'emersione tempestiva della crisi d'impresa

Directive 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and which amends Directive (EU) 2017/1132 was published last June 2019. The objective of the Directive is to contribute to the proper functioning of the internal market and remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures concerning preventive restructuring, insolvency, discharge of debt, and disqualifications. The Directive constitutes a further important step forward for overcoming the national liquidation procedures of insolvent companies at a national level towards a more efficient and less expensive activity of prompt emergence of the crisis that leads to guaranteeing the business continuity of companies within the European Union. This paper examines critically the impact that the Directive may have within the Member States and the interventions that they will have to implement in the perspective desired by the legislator for the pursuit of the set objectives