Oireachtas Joint and Select Committees

Wednesday, 1 February 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of EU Legislative Proposals

9:00 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I thank the witnesses for coming in. We know it is vital that companies can continue trading and providing employment across member states. I wanted to know if the increased priority given to restructuring will result in a higher burden being placed on creditors and employees in terms of wage cuts following restructuring. Could the lack of court involvement lead to abuse of the new framework? There was a recent paper published by the Faculty of Law at the University of Oxford. It raised concerns about this potential abuse where companies are rerouting investment to avail of the favourable conditions of the framework. It raised questions as to why sale as a going concern where proceeds would be shared among investors was not considered as a favourable insolvency method by the Commission. What are the witnesses' thoughts on that?

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