Il sistema di pubblicità europeo delle insolvenze transfrontaliere

The paper concerns recent developments introduced by EU Regulation No 2015/848 regarding the public disclosure of cross-border insolvency proceedings, which establishes that a system of electronic interconnection of national insolvency registers is to be created. The insolvency register shall be created by each Member State and be publicly accessible via the European e-justice portal. The clear aim of this provision is to facilitate the coordination of cross-border insolvency proceedings opened in Member States and thus to enhance the information available to creditors and courts, as well as to prevent the opening of parallel insolvency proceedings. The solution adopted appears appropriate, although the institutional decision to set up a European information system on insolvency proceedings, while national insolvency laws are still widely divergent, could be seen as somewhat incoherent.