Recent developments
In Belgium and France he is known well enough, and his services are being used for years already in the United States and Great Britain: the silent pre-pack administrator. The task of a silent pre-pack administrator is to negotiate and perform what is known among lawyers as a pre-pack. In the early stages of a bankruptcy, the silent pre-pack administrator (and future receiver) works secretly on a restart of the company.
Sanctioning of LBT Composition Plan Becomes Final
Afdeling bestuursrechtspraak van de Raad van State 13 februari 2013, LJN: BZ1261
In haar uitspraak van 13 februari 2013 heeft de Afdeling bestuursrechtspraak van de Raad van State (de "Afdeling") uitleg gegeven over de positie van een curator bij naleving van de voor een inrichting geldende milieuwetgeving.
Recently the Minister of Justice issued a draft bill which, if enacted, will introduce a directorship disqualification order under civil law. The bill is open for consultation until 31 May 2013.
After a company has been declared bankrupt, the liquidator in charge of the bankrupt estate will process personal data on that bankrupt company’s behalf. The liquidator would then be considered a so-called data controller within the meaning of the Dutch Data Protection Act (DDPA).
(Europa West-Indië Lijnen B.V./Container Leasing International LLC)
A recent judgment of the Amsterdam Court of Appeal marks the latest trend in Dutch law to strengthen the position of the debtor in the context of pre-judgment attachments. The Court of Appeal gave effect to the full disclosure principle that stipulates that the creditor, in its request for leave to make pre-judgment attachments, should properly inform the court of the merits of its claim and the dispute with the debtor.
A Bill has been submitted to the Second Chamber extending the Act on the Collective Settlement of Mass Claims (WCAM) to bankruptcy situations.
The WCAM has been in force since 2005 and enables parties involved in mass claims to apply to the Amsterdam Court of Appeal to declare a settlement binding on all class members. Well-known examples of this are the Court's decisions in DES and in Dexia. A recent decision in Converium shows that the WCAM may also apply to the settlement of mass claims involving a majority of foreign parties.