The Council approves the bills aim of helping companies engaged in bankruptcy proceedings to keep operating and remain viable, and to prevent them going into liquidation. However, the members of the Councils Second Group (CEOE, CEPYME) and those from CCOO, UGT and CGI, in the First Group, and Fernando Valdés Dal-Re, of the Third Group, filed dissenting opinions.The Second Group the employers group says in its dissenting opinion that if the remarks in the Councils opinion on giving precedence to workers claims on a bankrupt company are adopted, it will become harder to obtain debt financing, going against the legislators intention of saving such companies. The dissenting opinion of the Council members from the trade unions UGT, CCOO and CGI and of the member Valdés Dal-Re is based on two points: the need to give priority to workers claims (outstanding wages) above any others in the event of bankruptcy, and to return jurisdiction for resolving them to the labour courts. Aside from the disagreements expressed in the separate opinions, the Councils opinion, adopted with votes against from the Second Group, considers that the bill includes some technical novelties that may help achieve some of its aims, such as those intended to expedite the course of bankruptcy proceedings.The text also states that the goals of speed and efficiency in bankruptcy processes should be achieved with the application of legislative options taking account of the plurality and diversity of interests present (workers, lenders, suppliers and government claims, among others), and suitably weighting them so as to seek balanced solutions.The Council expresses support for initiatives allowing workers themselves to continue the companys activity via the various social economy formulas, especially where workers unanimously agree on an acquisition in the event of a wholesale transfer of the establishment or business. The bankruptcy judge should, where applicable, support this process in particular, the opinion says.
