One stone can change the current of a river. Likewise, one small seemingly technical rule can alter the entire legal system and with it the basic fabric of society.
The European Parliament is about to enact a Directive on Preventive Restructuring Frameworks. Last minute a completely new and never tested nor explained legal concept referred to as Relative Priority was inserted, probably without realizing its ramifications. This new rule is likely to distort basic private law, basic company law and basic insolvency law. Most likely, the European Parliament thinks it is saving businesses and thereby jobs and while at it, also strengthening the position of Small and Medium Enterprise (‘SME’) Businesses in Europe. It will not do that. Much more likely is that Relative Priority will turn against the interests of SME’s.
Regardless of whether one has the interest of large banks and the stability of the financial system in mind or the interest of SME’s, the Relative Priority Rule (RPR) is an untested underexplored rule that will upend general commercial law. Continue reading