Post by account_disabled on Mar 8, 2024 23:04:45 GMT -5
For this lawyer, “ the main novelty of the order now issued is that the questions raised by the magistrate, now in charge of the Commercial Court number 19 of Madrid, is that, if the preliminary questions were raised with respect to the consolidated text before "the reform, the questions are now raised regarding the recast text after the reform , already analyzing the application of Directive 1023/2019 that the Spanish State has made." From his point of view, “the issues now raised should not leave anyone indifferent.”
Thus, this jurist points out that he first raises the question relating to article 23.4 of the Directive . If this article indicated that, there is a principle such as that of full exemption Fax Lists in article 20.1 of the Directive and this is a principle that admits exceptions that, according to the Directive itself, must be duly justified .
From that perspective, Puelles indicates that Judge Soriano wonders if the bankruptcy reform of Law 16/2022 contains due justification regarding the non-exoneration of the part of the public credit that is not affected by the exoneration. “And the Spanish state, like any justification, indicates that the non-exoneration of the entire public credit is based on, according to the explanatory memorandum of Law 16/2022, reasons of special relevance in a fair and supportive society.” , he comments.
This lawyer believes that this “serves to justify almost anything, but it must be pointed out that the Directive requires, not just any justification, but a due justification , that is, a justification appropriate to the intended purpose. And we understand that this justification given in the bankruptcy reform is neither due nor adequate,” this jurist clarifies.
From this perspective "it should be noted that the Commercial Court No. 2 of Seville in its Order of April 4, 2022 had already established that same criterion."
Thus, this jurist points out that he first raises the question relating to article 23.4 of the Directive . If this article indicated that, there is a principle such as that of full exemption Fax Lists in article 20.1 of the Directive and this is a principle that admits exceptions that, according to the Directive itself, must be duly justified .
From that perspective, Puelles indicates that Judge Soriano wonders if the bankruptcy reform of Law 16/2022 contains due justification regarding the non-exoneration of the part of the public credit that is not affected by the exoneration. “And the Spanish state, like any justification, indicates that the non-exoneration of the entire public credit is based on, according to the explanatory memorandum of Law 16/2022, reasons of special relevance in a fair and supportive society.” , he comments.
This lawyer believes that this “serves to justify almost anything, but it must be pointed out that the Directive requires, not just any justification, but a due justification , that is, a justification appropriate to the intended purpose. And we understand that this justification given in the bankruptcy reform is neither due nor adequate,” this jurist clarifies.
From this perspective "it should be noted that the Commercial Court No. 2 of Seville in its Order of April 4, 2022 had already established that same criterion."