The place of micro and small Enterprises in European Insolvency law

Abstract Micro and small enterprises (MSEs) form the backbone of the European economy but remain particularly vulnerable to financial distress and insolvency. Despite the EU's efforts to harmonise insolvency laws, significant divergences persist among Member States, especially regarding tailored frameworks for smaller businesses. The Preventive Restructuring Directive (PRD) (EU 2019/1023) introduced optional provisions for small and medium‐sized enterprises (SMEs), yet their selective transposition reflects the reluctance of some jurisdictions to adopt special regimes. The 2022 Proposal for further harmonisation sought to address these gaps, notably by introducing simplified winding‐up procedures for microenterprises. However, disagreements over national legislative autonomy, the roles of insolvency practitioners and courts, and inconsistencies in definitions hindered consensus. This paper critically examines the evolution of EU insolvency law as it relates to MSEs, evaluates national implementation practices, and explores possible pathways for harmonisation, despite the ultimate failure to establish a unified winding‐up regime for smaller businesses. It argues that while a coordinated EU approach is necessary, achieving a balance between legal uniformity and national flexibility remains a significant challenge.

Authors

Institutions

Publication Details

Journal
International Insolvency Review
Published
2025-08-01
DOI
https://doi.org/10.1002/iir.70010
Citations
1
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
2.23

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The place of micro and small Enterprises in European Insolvency law

Oleksiy Kononov
1 citations
International Insolvency Review
Corporate Governance and Law
2.23
article

The place of micro and small Enterprises in European Insolvency law

Oleksiy Kononov
article en
1 citations

Abstract

Abstract Micro and small enterprises (MSEs) form the backbone of the European economy but remain particularly vulnerable to financial distress and insolvency. Despite the EU's efforts to harmonise insolvency laws, significant divergences persist among Member States, especially regarding tailored frameworks for smaller businesses. The Preventive Restructuring Directive (PRD) (EU 2019/1023) introduced optional provisions for small and medium‐sized enterprises (SMEs), yet their selective transposition reflects the reluctance of some jurisdictions to adopt special regimes. The 2022 Proposal for further harmonisation sought to address these gaps, notably by introducing simplified winding‐up procedures for microenterprises. However, disagreements over national legislative autonomy, the roles of insolvency practitioners and courts, and inconsistencies in definitions hindered consensus. This paper critically examines the evolution of EU insolvency law as it relates to MSEs, evaluates national implementation practices, and explores possible pathways for harmonisation, despite the ultimate failure to establish a unified winding‐up regime for smaller businesses. It argues that while a coordinated EU approach is necessary, achieving a balance between legal uniformity and national flexibility remains a significant challenge.

International Insolvency ReviewVol. 34(3)
University of Luxembourg (LU), Luxembourg School of Business (LU)
European Commission
Peace, Justice and strong institutions
Openalex Percentile: Top 10%
Corporate Governance and Law
2.23
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.