Irish landlords to former Monsoon stores in Dublin and Cork have won their High Court claim that their leases with the fashion retailer remained in full force despite the existence of a Company Voluntary Arrangement (CVA) in the UK.
Background
On 3 July 2019, a CVA was approved in the UK by 84 % of Monsoon’s creditors. None of the Dublin or Cork landlords attended the meeting either in person or by proxy.
The European Court of Justice has held that a director of an English company can be liable for breach of German company law where insolvency proceedings are opened in Germany.
European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Internal market, Dispute resolution, Liquidator (law), Court of Justice of the European Union