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Directive 2019/1023
32019L1023
Article 1

Article 1 — Subject matter and scope

  1. This Directive lays down rules on:
    1. preventive restructuring frameworks available for debtors in financial difficulties when there is a likelihood of insolvency, with a view to preventing the insolvency and ensuring the viability of the debtor;
    2. procedures leading to a discharge of debt incurred by insolvent entrepreneurs; and
    3. measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt.
  2. This Directive does not apply to procedures referred to in paragraph 1 of this Article that concern debtors that are:
    1. insurance undertakings or reinsurance undertakings as defined in points (1) and (4) of Article 13 of Directive 2009/138/EC;
    2. credit institutions as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013;
    3. investment firms or collective investment undertakings as defined in points (2) and (7) of Article 4(1) of Regulation (EU) No 575/2013;
    4. central counter parties as defined in point (1) of Article 2 of Regulation (EU) No 648/2012;
    5. central securities depositories as defined in point (1) of Article 2(1) of Regulation (EU) No 909/2014;
    6. other financial institutions and entities listed in the first subparagraph of Article 1(1) of Directive 2014/59/EU;
    7. public bodies under national law; and
    8. natural persons who are not entrepreneurs.
  3. Member States may exclude from the scope of this Directive procedures referred to in paragraph 1 that concern debtors which are financial entities, other than those referred to in paragraph 2, providing financial services which are subject to special arrangements under which the national supervisory or resolution authorities have wide-ranging powers of intervention comparable to those laid down in Union and national law in relation to the financial entities referred to in paragraph 2. Member States shall communicate those special arrangements to the Commission.
  4. Member States may extend the application of the procedures referred to in point (b) of paragraph 1 to insolvent natural persons who are not entrepreneurs.

    Member States may restrict the application of point (a) of paragraph 1 to legal persons.

  5. Member States may provide that the following claims are excluded from, or are not affected by, preventive restructuring frameworks referred to in point (a) of paragraph 1:
    1. existing and future claims of existing or former workers;
    2. maintenance claims arising from a family relationship, parentage, marriage or affinity; or
    3. claims that arise from tortious liability of the debtor.
  6. Member States shall ensure that preventive restructuring frameworks have no impact on accrued occupational pension entitlements.