Vol 23 (2026) - Issue 5

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Why Did Directive (EU) 2026/799 (Almost) Overlook Simplified Winding-Up Proceedings for Microenterprises? Lessons from the Spanish Ley Concursal

Synopsis
This article examines the Spanish special procedure for microenterprises in light of the European Union's unfinished approach to simplified insolvency proceedings. It argues that the removal of the proposed microenterprise winding-up regime from Directive (EU) 2026/799 was a missed opportunity, although Article 4(5) still allows Member States to adopt or maintain simplified proceedings. The Spanish model is analysed as a national response to that open space, with attention to digitalisation, reduced professional intervention, debtor autonomy, creditor protection and judicial control. The article also considers the EU Inc. Proposal and concludes that simplification is legitimate only where transparency, collective treatment of creditors
and procedural safeguards are preserved.