PROVOCĂRI ŞI MECANISME DE PROTECŢIE A CREANŢELOR SALARIALE ÎN INSOLVENŢA TRANSFRONTALIERĂ. INTERSECŢIA NORMATIVĂ DINTRE REGULAMENTUL (UE) 2015/848 ŞI DIRECTIVA 2008/94/CE1
CHALLENGES AND PROTECTION MECHANISMS FOR WAGE CLAIMS IN CROSS-BORDER INSOLVENCY. THE NORMATIVE INTERSECTION BETWEEN REGULATION (EU) 2015/848 AND DIRECTIVE 2008/94/EC

Summary/Abstract: The analysis focuses on the risk that local assets may be absorbed into the main proceedings in the state where the debtor has its centre of main interests (COMI), leaving employees of branches without an accessible asset pool. In this respect, the study demonstrates that opening secondary proceedings in the state where the establishment is located (Romania or Spain) often represents the only effective barrier against forum shopping, ensuring the application of local law, which may be more favourable. At the same time, the paper highlights the proactive role that Romanian employees and insolvency practitioners must adopt in pursuing claims at European level, overcoming procedural and linguistic barriers. Particular emphasis is placed on the functioning of guarantee funds and on the resolution of conflicts of laws in the case of cross border employers, offering practical solutions to prevent the “unintended consequences” of EU legislation that could weaken the social protection of workers.

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