Creditorii – observatori sau actori ai deschiderii procedurii concordatului preventiv?
Creditors – observers or key players in opening preventive concordat proceedings

Summary/Abstract: The amendment of Law no. 85/2014, following the transposition of EU Directive 2019/1023, has in practice led not only to increased interest from debtors in difficulty in accessing such proceedings, but also to creditors’ efforts to block court applications they consider prejudicial. In this context, determining the debtor’s “state of difficulty” when requesting access to a preventive procedure, an underlying condition subject to the scrutiny of the syndic judge, becomes a point of disagreement between the debtor and the creditors. This conflict of interests in the context of examining the request to open preventive concordat proceedings raises the issue of whether creditors’ participation is compatible with the inherently non contentious nature of this procedure.

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