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    Cross Border Restructuring and Insolvency Update - January 2017
    2017-01-27

    ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov)

    The Court of Justice of the European Union ("ECJ") has handed down a notable judgment in the case of ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov), ruling that domestic laws governing forfeiture of a claim in insolvency proceedings apply to foreign creditors too.

    Filed under:
    European Union, India, Slovakia, United Kingdom, Insolvency & Restructuring, Litigation, Public, Ashfords LLP, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Alan Bennett
    Location:
    European Union, India, Slovakia, United Kingdom
    Firm:
    Ashfords LLP
    The Court of Appeal orders reference to ECJ on meaning and direct effect of Article 8 of the Insolvency Directive
    2016-09-30

    The Court of Appeal has ordered a reference to the Court of Justice of the European Union (ECJ) in Grenville Holden Hampshire v the Board of the Pension Protection Fund which involves a pension scheme member, whose early retirement pension was reduced by two-thirds on the scheme's entry to the PPF, arguing that the statutory cap on compensation payable by the PPF does not give full effect to Article 8 of the EU Insolvency Directive.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Direct effect of EU law, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Location:
    European Union, United Kingdom
    Firm:
    Baker McKenzie
    FASt action required by qualifying pension plans
    2016-08-08

    Earlier this year it was announced that the UK’s Financial Assistance Scheme (“FAS”) would close to applications from 1 September 2016.

    This does not affect pension plans that are currently progressing through the notification and qualification process or pension plans that have already qualified for assistance. However, any qualifying pension plans that have not yet started the process need to move quickly as they now have less than a month to make a notification to the FAS.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Brexit, Liquidation, Annual report, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Jane Briggs
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Court of Appeal case - of interest to Security Trustees
    2016-03-14

    Including an unsecured creditor  in an agreed payments waterfall does not by itself confer on that unsecured creditor  the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale proceeds.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Unsecured creditor, Court of Appeal of England & Wales
    Authors:
    Ed Marlow
    Location:
    European Union, United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Olympic Airlines: starting UK insolvency proceedings against a company already in insolvency in another member state.
    2013-06-28

     Summary

    The Court of Appeal’s judgment in The Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643 has clarified what is required to fall within the definition of an ‘establishment’ for the purposes of the EC Insolvency Regulation (the Insolvency Regulation).

    Filed under:
    European Union, United Kingdom, Aviation, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Pension Protection Fund, Pensions Act 2004 (UK), Court of Appeal of England & Wales
    Authors:
    Richard Tett , David Pollard , Katharina Crinson
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    European Directories — Court of Appeal decision intercreditor release clauses
    2010-10-25

    Summary

    In one of the most eagerly awaited appeals to affect the restructuring and insolvency community since MyTravel, the Court of Appeal in the European Directories case ruled on Friday 22 October that:

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Shareholder, Surety, Debt, Holding company, Court of Appeal of England & Wales
    Authors:
    John Houghton , Dominic J. Newcomb
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    Recognition of trustee filing in French insolvency safeguard proceedings
    2012-04-26

    In a decision that represents a triumph for bondholders, and should provide comfort to market participants, the Supreme Court of France (the “Supreme Court”) has recognized the trust structure and the parallel debt mechanism as part of security packages put in place for secured international financings granted to a French company.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bond (finance), Collateral (finance), Debt, Court of Appeal of England & Wales
    Location:
    France
    Firm:
    Schulte Roth & Zabel LLP
    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Paris Court of Appeal
    Authors:
    Hervé Diogo Amengual , Xavier Farde , Etienne Gentil
    Location:
    France
    Firm:
    Latham & Watkins LLP
    Cross Border Restructuring and Insolvency Update - March 2017
    2017-04-03

    Budniok v Adjudicator, Insolvency Service [2017] EWHC 368 (Ch)

    Chief Registrar Baister overturned the Adjudicator's decision in refusing to grant a Bankruptcy Order where the Debtor's COMI was an issue.

    Mr Budniok, a German citizen who had recently moved to London, applied online for a Bankruptcy Order in England. After several requests for further information, the Adjudicator was not satisfied Mr Budniok's centre of main interests ("COMI") was in England and as such refused the application. Mr Budniok appealed.

    Filed under:
    Germany, Hong Kong, Singapore, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Alan Bennett
    Location:
    Germany, Hong Kong, Singapore, United Kingdom
    Firm:
    Ashfords LLP
    Court of Appeal backs High Court decision on casting votes
    2011-09-06

    The Court of Appeal has affirmed the High Court’s ruling that a voluntary administrator may only use a casting vote where the number of creditors voting for and against the resolution is equal. 

    The second limb of the test, that the 50% represent at least 75% in value, cannot be the subject of the casting vote.  Nor can the casting vote be used to choose between the number and the value.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Wage, Shareholder, Liquidation, Voting, Prejudice, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Michael Arthur , Michael Harper , Matthew Yarnell , Hamish Foote
    Location:
    New Zealand
    Firm:
    Chapman Tripp

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