Mgr. JUDr. Lucián Török

Pre-Pack Procedures in the Slovak Insolvency Law: On the applicability in standard bankruptcy, small bankruptcy and restructuring. On 1 April 2026, the long-awaited Directive harmonising certain aspects of insolvency law entered into force. EU Member States will have until 22 January 2029 to transpose the majority of its provisions into national law. The final legal framework in which pre-pack procedures will be harmonised across the EU differs in many respects from the original provision with which the European Commission presented them in the proposal for a directive harmonising certain aspects of insolvency proceedings in December 2022. Compared with the original legal framework, pre-pack procedures are no longer defined solely as pertaining to liquidation insolvency proceedings. Moreover, the achieved compromise has altered certain conditions governing their conduct and the legal position of creditors. This article maps the key differences in the proposed legal frameworks for pre-pack procedures and provides an analytical perspective on their applicability within the respective types of insolvency proceedings, namely standard bankruptcy, small bankruptcy, and restructuring.