The EU recast Regulation on insolvency proceedings (No. 2015/848) and avoiding actions by the receiver

Applicable law

Filed under:
European Union, Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Court of Justice of the European Union
Authors:
Fabio Marelli
Location:
European Union, Italy
Firm:
Nctm Studio Legale
The European Court of Justice denies that VAT must always be paid in full in concordato preventivo

The European Court of Justice contradicts the Italian Court of Cassation and Constitutional Court andrules that a partial payment of VAT is possible, provided that an independent expert certifies that there isno better alternative for the Tax Authorities

The case

Filed under:
European Union, Italy, Insolvency & Restructuring, Litigation, Tax, Nctm Studio Legale, Court of Justice of the European Union
Authors:
Fabio Marelli
Location:
European Union, Italy
Firm:
Nctm Studio Legale
ECJ: Transfer of Undertaking Rules Apply in Case of Pre-Packaged Bankruptcy

The case deals with the pre-pack of Estro, at the time the largest childcare provider in the Netherlands.

A pre-pack entails the court-appointed trustee confidentially preparing for the restart of trading by the insolvent company with the court's consent. If successful, the company is subsequently declared bankrupt and immediately restarted. Dutch law provides that transfer of undertaking rules do not apply in the case of bankruptcy.

Filed under:
Netherlands, Employment & Labor, Insolvency & Restructuring, Jones Day, Court of Justice of the European Union
Location:
Netherlands
Firm:
Jones Day