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CMS Expert Guide to restructuring and insolvency law
2020-09-01

Restructurings, especially those involving multiple jurisdictions, are invariably complex matters. This CMS Expert Guide provides an overview of the various restructuring possibilities available in a large number of countries, allowing you to compare how the options are deployed in these jurisdictions.

We intend to update it periodically to reflect important changes as they happen.

If you need more information or have any questions, please do not hesitate to contact us.

Filed under:
Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Public, Brexit, Due diligence, Coronavirus, Court of Justice of the European Union
Location:
Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Kenya, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA
View Original Article
The wonder of woolies – good news for UK insolvency practitioners
2015-04-30

The European Court of Justice has today given its decision in the “Woolworths case” on the duty to consult collectively under the Collective Redundancies Directive, in particular defining the meaning of “establishment” for the purposes of determining when that duty is triggered.

Filed under:
European Union, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Court of Justice of the European Union
Authors:
Helen Kavanagh
Location:
European Union, United Kingdom
Firm:
Squire Patton Boggs
View Original Article
The European Court of Justice rules on the transmission of payroll debt of companies involved in a creditor insolvency proceeding
2015-04-22

ECJ, Sixth Chamber, Judgment of 28 January 2015.

The judgment resolves the prejudicial question submitted by a Mercantile Court concerning the maintenance of workers’ rights in the event of the transfer of companies or part of them, and branches of business.

Filed under:
Spain, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Court of Justice of the European Union
Authors:
Ramón Castilla
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
European court ruling in Allied Steel & Wire case
2007-01-31

In a judgment given on 25 January, the European Court of Justice has ruled in case C278-05 - Robins and Others v Secretary of State for Work and Pensions (2007) that the UK Government failed adequately to implement a European Insolvency Directive dating back to the 1980’s, which was designed to safeguard pension scheme members’ benefits in the event that their employers became insolvent. However, the ECJ also went on to rule that the United Kingdom Government need not necessarily fund the lost pension rights in full or in part.

Filed under:
European Union, United Kingdom, Employment & Labor, Insolvency & Restructuring, Squire Patton Boggs, DWP, Court of Justice of the European Union, High Court of Justice, High Court (Ireland)
Location:
European Union, United Kingdom
Firm:
Squire Patton Boggs
View Original Article
German Insolvency Law applies to Director of English Company operating in Germany
2016-04-13

The statistics show that over 10,000 English limited companies operate in Germany. The company is registered in the Companies Register in the UK, but has a branch active in Germany, which is registered in German Company registries. On 10 December 2015 the Court of Justice of the European Union (ECJ) decided on the question whether the liability of the director of English registered Kornhaas Montage und Dienstleistung Ltd (‘KMD’), which was subjected to German insolvency proceedings, should be determined by English law or by German law.

Filed under:
European Union, Germany, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Court of Justice of the European Union
Authors:
Helen Kavanagh , Andreas Lehmann
Location:
European Union, Germany, United Kingdom
Firm:
Squire Patton Boggs
View Original Article
European Court of Justice rules on applicable law in cross-border clawback proceedings
2015-05-13

On April 16, 2015, the European Court of Justice (“ECJ”) provided guidance on the interpretation of Article 13 of the EC Regulation on Insolvency Proceedings (the “Regulation”) in the case Lutz v Bäuerle – C-557/13.

Filed under:
European Union, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Statute of limitations, Court of Justice of the European Union
Authors:
Andreas Lehmann , Jörg Uhlmann
Location:
European Union
Firm:
Squire Patton Boggs
View Original Article
Which law applies when determining the validity of an assignment of receivables cross-border?
2020-01-23

The validity of an assignment of receivables cross-border depends on the law that applies to the assignment.

What might amount to a valid assignment in one jurisdiction, does not mean, that it is valid in another and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies and therefore whether there has been a valid assignment significantly affects the ability of the assignee to rely on the assignment.

Filed under:
European Union, Germany, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, MiFID, European Commission, Court of Justice of the European Union
Authors:
Jens Rinze
Location:
European Union, Germany
Firm:
Squire Patton Boggs
View Original Article
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
View Original Article
Newsletter | Finance and Restructuring | April 2019
2019-04-29

This website uses its own cookies and those of third parties to analyze the use of this site to improve its contents and your user experience. If you continue to browse, we understand you accept their use. You can change your configuration or obtain further information here.

Filed under:
Spain, Banking, Insolvency & Restructuring, Litigation, Planning, Real Estate, Cuatrecasas, Court of Justice of the European Union
Location:
Spain
Firm:
Cuatrecasas
View Original Article
Newsletter | Finance and Restructuring | April 2019
2019-04-29

This website uses its own cookies and those of third parties to analyze the use of this site to improve its contents and your user experience. If you continue to browse, we understand you accept their use. You can change your configuration or obtain further information here.

Filed under:
Spain, Banking, Insolvency & Restructuring, Litigation, Planning, Real Estate, Cuatrecasas, Court of Justice of the European Union
Location:
Spain
Firm:
Cuatrecasas
View Original Article

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