A propósito del protocolo pre-pack de los Juzgados de lo Mercantil de Palma de Mallorca.

Abstract

The more than foreseeable increase in insolvency proceedings following the end of the moratorium agreed by Law 3/2020, of September 18, on procedural and organizational measures to face the COVID-19 in the field of the Administration of Justice, after the modification operated by Royal Decree Law 5/2021, of March 12, is leading different Mercantile Courts to adopt mechanisms that allow the speedy sale of productive units. The Commercial Courts of Palma de Mallorca have opted to follow the line initiated by the Commercial Courts of Barcelona and introduce the figure of the pre-pack. A mechanism that, although it remains unregulated, is in line with the spirit and purpose of Directive (EU) 2019/1023 on restructuring and insolvency.