Tax Law in light of the Harmonization of Pre-Bankruptcy Restructuring in the European Union

Abstract

The regulation of pre-bankruptcy restructuring stems from the harmonization of Member States’ legislation within the European Union concerning bankruptcy proceedings. This regulatory framework played a particularly prominent role in the reform of the Consolidated Text of the Spanish Bankruptcy Law. Within this framework, the treatment of public claims, i.e., in particular, tax claims, raises significant concerns. This compels a reconsideration of the privileged position traditionally afforded to the Public Treasury in this area, especially in light of certain international standards, Comparative Law, and the case law they have generated.