Newsletter Procesal Concursal

DIRECTIVE (EU) 2026/799 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 March 2026 on the harmonisation of certain aspects of insolvency law

Member States have until 22 January 2029 to transpose the new Insolvency Directive (the second instrument adopted in this area) into national law. The Directive introduces a partial harmonisation of insolvency law across the European Union, with the aim of reducing divergences between national legal frameworks that give rise to legal uncertainty, as well as facilitating cross-border investment and improving the functioning of the internal market.

Primarily addressed to undertakings and entrepreneurs, the Directive establishes common rules in six key areas, namely…

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Supreme Court Judgments No. 259/2026, 261/2026, 262/2026 and 263/2026, of 18 February 2026

The Supreme Court sets new limits to the second chance mechanism and redefines the debtor's good faith requirement.

In this set of rulings, the Supreme Court has established pivotal case law on access to debt discharge, providing significant clarification on the scope of the good faith requirement imposed on debtors and the limitations arising from Article 487 of the Consolidated Insolvency Act (Texto Refundido de la Ley Concursal).

These judgments, analysed collectively both by the Court's own Technical Cabinet and by recent academic commentary, establish a more precise — and demanding — interpretive framework for the second chance regime following the amendments introduced by Law 16/2022.

The Court proceeds from a fundamental premise:

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Supreme Court Judgments No. 260/2026 and 254/2026, of 18 February 2026

The Supreme Court consolidates the treatment of public sector claims within the second chance regime.

In these rulings, the Supreme Court has laid down doctrine of particular significance regarding the scope of debt discharge as it applies to public sector claims, bringing clarity to an area that had been a source of considerable uncertainty following the 2022 insolvency reform.

In line with the approach previously indicated by the Court of Justice of the European Union, the Chamber confirms that the Spanish model is compatible with Directive (EU) 2019/1023, insofar as it permits exceptions to discharge provided they are justified on grounds of public interest.

Nonetheless, the doctrine set out in these judgments introduces relevant qualifications that circumscribe the extent of this privilege and provide greater legal certainty.

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