On 25 April 2018 the Court of Appeal ruled on the loss of credit capacity in the context of bankruptcy. The case involved a company that intended to resist a creditor's application for bankruptcy on the basis that it had not lost its credit capacity, as it could prove that the funds needed to settle its debt were available in its lawyer's third-party account. Therefore, the court had to verify whether there was a loss of credit capacity, which is necessary to declare bankruptcy.
On 16 May 2018 the Court of Appeal ruled on the enforcement process for a share pledge realised via the sale of shares in a Luxembourg company by the pledgee in a private transaction for a symbolic price, where the pledgor (a Luxembourg company) was subject to insolvency proceedings.
The Court of Appeal's decision covered the following points.