Malta: Insolvencies In Europe
Last Updated: 11 July 2012
Article by Diane DB Borg Bascetta

As Europe is overshadowed by sovereign debt crisis, EU core and peripheral countries seem to be drifting apart. A recent survey by the Creditreform Economic Research Unit attempts to analyse the current situation while EU core countries keep insolvency total in check. Peripheral countries, it seems are those most strongly affected.

The pace of economic growth slowed in 2011, resulting in a year overshadowed by the European debt crisis. In Greece, in particular, the crisis assumed such serious proportions that there was a risk of it spreading to other – basically solvent – national economies. As a result of sustained tension in the financial markets, both financing conditions and business and consumer confidence in Europe deteriorated. Coupled with massive austerity programs, these developments curbed the dynamism of economic activity across Europe. Within Europe, however, growth varied considerably. Some national economies such as Germany, Netherlands and Denmark produced growth rates that were almost as high as before the financial crisis. On the other hand, countries such as Greece, Ireland and Portugal registered dramatic falls. In some cases, worse outcomes were averted only by financial support from the euro bail-out fund.

Even though the German economy was not immune to these events, it managed to cut loose and become a kind of economic dynamo for the eurozone. In the first half of the year, the main driving force for the German economy came from sharply rising exports. And although the economy appreciably lost momentum in the second half of the year, it proved extremely robust on the whole. Regarding insolvency figures across Europe, 2011 presents a mixed picture: while the incidence of insolvency decreased in a large number of core countries such as Germany and Denmark, the crisis left its mark on the corporate failure figures of the periphery.

Economic activity in Europe was dominated in 2011 by the European debt crisis. In the EU-15 plus Norway and Switzerland, the impacts of the crisis were clearly apparent. The number of corporate insolvencies rose to 174,917 in 2011. This reflected a marginal increase of 0.3 percent against the prior year, when 174,463 businesses were hit by insolvency. In historical terms, the insolvency total is still at a worryingly high level. The fact that the insolvency situation did not assume more dramatic proportions last year was due only to the comparatively positive developments in the core European countries.

In Western Europe, a clear trend is emerging in the pattern of insolvency. Indeed, it is almost possible to say that Western Europe is divided into two parts. While developments in the business sectors and the corresponding insolvency figures in core countries such as Germany (30,200 cases; minus 5.8 percent), France (49,506 cases; minus 3.0 percent), Denmark (5,447 cases; minus 15.7 percent) and the Netherlands (7,000 cases; minus 2.9 percent) were relatively positive, the situation on the periphery, in Greece (452 cases; plus 27.3 percent), Spain (5,752 cases; plus 18.7 percent), Italy (11,792 cases; plus 16.9 percent) and Portugal (6,025 cases; plus 17.1 percent) was poor. The problems and impact vectors are certainly a great deal more complex and convoluted.

Nevertheless, the present economic situation in the shadow of the debt crisis seems almost to mirror the present insolvency situation across Europe. It is particularly noticeable that the economies worst affected – Greece, Spain, Italy, Portugal and Ireland – are the ones that fare worst in the corporate insolvency statistics for Western Europe.

The branch of the economy accounting for the largest share of insolvency was the service sector. Service providers made up 36.9 percent of all registered insolvencies, retaining their top-of-the-table position with approximately 65,598 reported corporate failures. In second place came commerce and catering with around 54,574 insolvent businesses, which was 31.2 percent of the total. In the construction sector, more than one in five enterprises (21.4 percent) filed for bankruptcy – a total of 37,432 building firms. One in ten insolvencies (10.5 percent) involved a manufacturing enterprise – 18,366 businesses in absolute terms. Downturns in insolvency figures were noted in manufacturing (minus 3.2 percent) and services (minus 1.7 percent) while upturns due to the difficult economic climate were seen in the construction sector (plus 2.2 percent) and commerce (plus 2.4 percent).

One would go on to ask how the employment industry would be affected. The worsening of the insolvency situation in Europe impacted on insolvency-related unemployment. The number of jobs threatened by insolvency in 2011 increased by 7.1 percent to 1.5 million (2010: 1.4 million). The sustained high level of insolvency overall and the growing number of major corporate failures involving thousands of dismissals led to an increase in insolvency-related job losses.

The private insolvency situation eased moderately. While 2010 saw a marked rise in the number of insolvency cases involving private individuals, the figure in 2011 was recessive. In the countries that collect private insolvency data, a total of 373,284 private insolvency proceedings were recorded – 1.5 percent fewer than the year before. In absolute terms, this means around 5,800 fewer persons were registered as insolvent. Sharp rises in private insolvency were noted in France (56,079 cases; plus 26.4 percent), the Netherlands (14,344 cases; plus 26.0 percent) and Finland (3,531 cases; plus 19.7 percent). Although the biggest contributors to private insolvency were Germany and the UK, the figures in both these countries were lower than in 2010. While the number of private insolvencies in Germany fell by 5.8 percent (129,800 cases), the UK registered 13,841 fewer cases (143,871 cases; minus 8.8 percent).

An appreciable rise (plus 6.1 percent) was seen in the number of corporate insolvencies in Central and Eastern Europe. After 37,139 corporate failures in 2010, last year produced a total of 39,423 cases. The sharpest increases were noted in Bulgaria (1,500 cases; plus 114.3 percent), Hungary (20,322 cases; plus 16.2 percent), Czech Republic (6,753 cases; plus 21.5 percent) and Slovenia (675 cases; plus 32.4 percent). Notable downturns in corporate failure were registered in Romania (4,580 cases; minus 16.4 percent), Lithuania (800 cases; minus 66.8 percent) and Estonia (256 cases; minus 49.2 percent). The largest sectoral contributors to insolvency figures were commerce and catering (37.0 percent) and services (28.2 percent). Manufacturing and construction accounted for smaller shares of 19.2 and 15.6 percent respectively.

What are the prospects for 2012? It would appear that such prospects are clouded. Major Western European economies – including Spain and Italy – are expected to slip into recession. Even in Germany, the economic recovery will peter out (0.7 percent; Federal Economics Ministry), a further fall prevented only by robust domestic demand. And while the credit squeeze now seems to have reached Central and Eastern Europe, fears of a credit crunch are widespread in Western Europe. In some national economies, lending appears to be severely disrupted at present. Under these auspices, corporate insolvency is expected to rise again this year – at a significantly sharper rate than in 2011.

How steeply the number of corporate insolvencies increases depends largely on how swiftly policy makers get to grips with the sovereign debt crisis. If the crisis is not under control by the summer, serious consequences are anticipated for corporate borrowing, economic performance and insolvency. This annual report, compiled by the Creditreform Economic Research Unit provides statistical data on both corporate and private insolvencies in Europe. Founded in 1879 in Mainz, Germany, it has the form of an association, backed by a network of 172 individual agencies and offices in Europe.

Being the first bureau on the island to offer a Debt Collection service with an 'out of court' solution, CSB Group is positioned to also provide clients with quality Credit Status Reports within 24 hours. Through their network of representative offices, they are also able to offer an international debt recovery service complemented by international credit reports. CSB Group is also a member of FEBIS (Federation of Business Information Service) which has developed into a sizeable organisation comprising of 60 members involved in providing Business Information and Debt Collection services of national and international importance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

More Popular Related Articles on Insolvency/Bankruptcy, Re-structuring from Offshore
A discussion on a recent decision of the Grand Court of the Cayman Islands, which offers helpful guidance in respect of the remedies open to an office-holder appointed in respect of an insolvent foreign company who wishes to bring insolvency claims in the Cayman Islands.
A discussion relating to a recent decision, which has important implications for insolvency procedures and particularly the difference between Cayman Islands law and the UK and USA.
A guide which outlines the procedures to wind up Jersey registered companies, the circumstances in which transactions entered into by an insolvent company may be set aside, and the circumstances in which a company’s officers and managers may incur civil or criminal liability.
Did you know that the court's guiding principle on assessing remuneration for liquidators in respect of their administration of trust assets held by the company is similar to the principle applicable to liquidation work, that is, on a "value for money" basis rather than as an indemnity against cost?
Investors and corporate entities choose jurisdictions with knowledge that they have mature insolvency regimes that will apply in the event of insolvency.
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
Accounting and Audit
Anti-trust/Competition Law
Consumer Protection
Corporate/Commercial Law
Criminal Law
Employment and HR
Energy and Natural Resources
Environment
Family and Matrimonial
Finance and Banking
Food, Drugs, Healthcare, Life Sciences
Government, Public Sector
Immigration
Insolvency/Bankruptcy, Re-structuring
Insurance
Intellectual Property
International Law
Litigation, Mediation & Arbitration
Media, Telecoms, IT, Entertainment
Privacy
Real Estate and Construction
Strategy
Tax
Transport
Wealth Management
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.