Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-11-15-Speech-2-434-743"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2011-11-15"^^xsd:date2
dcterms:Is Part Of	lp_eu:Explanations of vote2
dcterms:Language	"pl"^^xsd:language2
lpv:document identification number	"en.20111115.27.2-434-743"2
lpv:hasSubsequent	lp_eu:2011-11-15-Speech-2-434-6012
lpv:speaker	lp:Lidia Joanna Geringer de Oedenberg2
lpv:spokenAs	quaestor; European Parliament (2009-07-15--2012-01-16)3 substitute; BUDG (2009-07-16--2012-01-18)3 member; Delegation for relations with the countries of South Asia (2009-09-16--2014-06-30)3 unknown; Sojusz Lewicy Demokratycznej (2009-07-14--2014-06-30)3 substitute; Delegation to the EU-Croatia Joint Parliamentary Committee (2009-09-16--2013-06-30)3 member; PETI (2009-07-16--2012-01-18)3 member; Parliament's Bureau (2009-07-15--2012-01-16)3 member; S&D (2009-07-14--2014-06-30)3 member; Quaestors (2009-07-15--2012-01-16)3 substitute; Delegation to the ACP-EU Joint Parliamentary Assembly (2009-09-16--2014-06-30)3 member; JURI (2009-07-16--2012-01-18)3 substitute; Delegation to the Parliamentary Assembly of the Union for the Mediterranean (2009-09-16--2014-06-30)3
lpv:translated text	"I fully endorse the initiative to revise the Insolvency Regulation of 29 May 2000. Since it came into force, many changes have taken place, 15 new Member States have joined the Union and the phenomenon of groups of companies has increased enormously. Looked at today, the measures proposed in the regulation of 11 years ago already seem anachronistic. Particular attention should be given to the need to formulate a clear definition of the centre of main interests, or COMI, of a debtor to enable the correct establishment of jurisdiction for insolvency proceedings. Incorrect interpretation of the concept of the COMI is a source of misunderstandings when filing for the bankruptcy of foreign companies. The location of the COMI determines the competence of a court to open insolvency proceedings. The basic factor which determines location is identification of the place where the debtor’s business operations are conducted and if this is ascertainable by third parties. Difficulties may arise here, when a foreign court, in publishing a bankruptcy decision relating to a company from another country, considers that that company has its COMI in another Member State because real control of the company is exercised there. The attempt to resolve this dilemma made by the European Court of Justice in its judgment of 2 May 2006 in the case of Eurofood IFSC Limited unfortunately did not completely solve the problem, which confirms the need for a clearer definition. I would also like to emphasise the need to interpret the regulation in accordance with Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer. The Member States should not undermine the rights of employees in the insolvency procedure. I support the proposal to introduce a ranking of creditors in which priority would be given to employees, with a guarantee of at least the minimum standards of protection irrespective of the different national legal definitions."@en1

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