La intervención judicial en la homologación del plan de reestructuración

Abstract

In the nearly two years since Law 16/2022 came into effect, legal operators have tested the new system for judicial approval of restructuring plans. In this period, both the case law and mercantile jurisdiction bodies have swung from a highly restrictive stance to a much more open and flexible one when it comes to the supervisory task that is the responsibility of the judge when issuing the approval order for the plan. The article analyses the evolution in how this issue has been addressed in commercial practice while undertaking an examination of the specific aspects reached by judicial control as well as the effects that may arise from the failure to pass this legal step.