16 October 2026

EU Directive 2026/799: What’s new for asset sales in insolvency proceedings

The evolution of the European regulatory framework marks a decisive turning point for those managing judicial sales. With the final approval of Directive (EU) 2026/799 by the Council of the European Union on March 30, 2026, the second “Insolvency Directive” takes shape.

The measure was created with the objective of harmonizing three fundamental pillars of corporate crisis management across Member States:

  • Avoidance actions
  • Asset Tracing
  • Sale of the debtor’s business

Member States, including Italy, will have 33 months from its entry into force to transpose the directive into national law.

Operational updates: focus on pre-pack and asset tracing Among the most relevant points for industry professionals, the introduction and regulation of the pre-pack stands out. This operational mode allows for the preparation of the transfer of a business as a going concern during a preliminary phase, which is then finalized in the subsequent liquidation phase of the proceeding. The primary goal is to streamline sale times and maximize proceeds to protect creditors.

At the same time, the directive introduces important facilitates for insolvency practitioners regarding asset tracing. Easier access to information on bank accounts and beneficial ownership across other Member States is guaranteed: an essential tool for tracking down and highlighting assets with cross-border profiles.

The Gobid Group approach: speed, value, and transparency The direction set by the EU Directive fully reflects the standards on which Gobid Group has built its business since 2012: maximizing asset value and reducing liquidation times.

Through proprietary platforms fully interoperable with the Portale delle Vendite Telematiche (PVP) [Portal of Telematic Sales] and widespread buyer scouting extending well beyond the local market, Gobid Group supports professionals with high-performing, qualified technological solutions. Key strengths include:

  • 109 affiliated Courts throughout Italy
  • Pioneers of digital auctions since 2012
  • Telematic Sale Managers registered under No. 8 of the ministerial register via Gobid.it and Gobidreal.it for all Court of Appeal districts
  • Authorized sites for legal notices (pursuant to Articles 3 and 4 of Ministerial Decree 31/10/2006) in all Court of Appeal districts
  • Legality Rating recognized by the Italian Competition Authority (AGCM)

Future outlook The transposition process of the Directive into the Italian legal system is currently in its initial stages. Gobid Group will closely monitor all regulatory developments and subsequent updates to the Corporate Crisis and Insolvency Code (CCII), particularly regarding the practical guidelines governing pre-packs and avoidance actions.

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