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The paper deals with the establishment of insolvency status in the hybrid proceeding under proposal of the Regulation No. 1346/2000 revision. The one of main problems of European Insolvency law is that the hybrid proceedings are not regulated by any regulation or directive now. The proposal of the Regulation No. 1346/2000 revision broadens its scope and includes hybrid proceeding in opt-out way. The criterions for establishing of the insolvency statute in the hybrid proceeding are set by national regulations across the European Union currently. The criterions are different and could cause legal uncertainty. So the paper also focuses on the insolvency status in the hybrid proceeding in the current situation and after adopting proposed legislative amendment. The paper is based on factual analysis of legislation and structural analysis of court decisions. The paper also confirms proposed hypothesis that the pre-insolvency and the hybrid proceeding should be covered by the Regulation No. 1346/2000.

EUROPEAN REGULATION OF INSOLVENCY STATUS IN THE HYBRID PROCEEDING