On November 1 2007 the State Commission for Insolvency presented the Preliminary Bill for an Insolvency Act to the minister of justice. The bill contains rules for the recognition of insolvency proceedings in non-EU countries and the law applicable to foreign proceedings. This update examines those rules and their relationship to the EU Insolvency Regulation and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency.

Case Law

Last week, the European Commission (EC) announced that it has decided to further review Dexia’s restructuring plan under EC Treaty state aid rules to “establish whether the restructuring plan for the Dexia group will restore the group's long-term viability.” The plan includes a €6.4 billion capital injection, announced in

The Polish metal tools manufacturer, Bison Bial (Bison), will be able to receive state aid amounting to €8.2m in order to enable the company to carry out a restructuring programme to improve the firm’s economic viability. After Bison entered into financial difficulties, Poland notified the European Commission that it wanted to provide aid to the company. The Commission decided that such aid was compatible with EU state aid rules, provided that the investment programme is fully implemented and the company sells one of its production divisions by the end of 2009.

The Commission has opened a formal investigation under EC Treaty state aid rules into a series of aids amounting to €40.7 million that Italy intends to grant to Legler S.p.A, a denim textile producer. The Commission doubts at this stage that the restructuring plan of Legler S.p.A. would restore the beneficiary's commercial viability and is concerned that the aid would create undue distortions of competition in this highly competitive market. The opening of the formal investigation gives interested parties an opportunity to comment on the proposed measures.

On 14 March 2008 the Court of First Instance (CFI) issued two orders rejecting applications for interim measures by two subsidiaries of a Polish steel producer (Buczek) to suspend the application of a Commission recovery decision pending the final judgment in the case. Between 1997 and 2003 Poland was granted a derogation from the general prohibition on restructuring aid to the steel sector. The derogation was conditional upon Poland implementing a restructuring plan. Aid was provided to Buczek, who failed to properly implement its restructuring plan and went bankrupt in 2006.

The German Government is required by the European Commission ("Commission") to seek repayment of €5.2 million in aid from the bicycle group, Biria. The aid comprised two guarantees and “silent participation” (investor received remuneration but no shares) by a public investment company and the German Land of Saxony to subsidiaries within the Biria group. Although Germany argued that the “silent participation” was provided upon market conditions, the Commission did not accept that it met the private market investor test.

The European Commission has published on its website an on-line questionnaire which aims to get opinions from all interested parties on the impact of Solvency II when compared to Solvency I. The closing date for completing the questionnaire is 23 March 2007.

What and where is a company's ‘centre of main interest’ – its COMI – and why should you care? This is not an esoteric question but a live issue in determining which nation's courts and laws deal with international insolvency issues including administration and liquidation.

The European Commission has opened a formal investigation under EU State aid rules into financial aid totalling EUR 40.7 million that Italy intends to grant to Legler S.p.A., a denim textile producer. For several years Legler has had financial problems and is currently undergoing restructuring. To help with the restructuring, Italy proposes to grant loans of EUR 26.2 million, and to convert debts of EUR 14.5 million into capital.

Hogan Lovells Publications | 07 April 2020

Introduction of financial measures in support of businesses facing the Covid-19 crisis

Faced with the impact of the Covid-19 health crisis on the local and European economy, the President of the French Republic and the government announced several emergency measures in order to support businesses in difficulty.