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    The validity of post-insolvency transactions: interpreting Article 31(1) of the EU Regulation on Insolvency Proceedings
    2025-05-02

    On 27th March 2025, the Court of Justice of the European Union (“CJEU”) delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings vs. Auto1 European Cars BV (Case C‑186/24) concerning the interpretation of Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the “Insolvency Regulation”).

    Filed under:
    Austria, European Union, Malta, Insolvency & Restructuring, Litigation, Ganado Advocates, European Parliament, European Council, Court of Justice of the European Union
    Authors:
    Francesca Vassallo
    Location:
    Austria, European Union, Malta
    Firm:
    Ganado Advocates
    Harmonisation of EU insolvency laws moving closer to a common approach
    <br>
    2024-12-17

    On 13 December 2024, EU member states agreed on a ‘partial’ general approach to the harmonisation of insolvency law.

    Filed under:
    European Union, Insolvency & Restructuring, Freshfields, Insolvency, European Commission, European Parliament
    Authors:
    Charlotte Ausema , Susanne Hoerrmann , Silvia Angós , Katharina Crinson , Hannah Ewing
    Location:
    European Union
    Firm:
    Freshfields
    Insurance Quarterly Legal and Regulatory Update: 1 October 2023 - 31 December 2023
    2024-02-06

    1. SOLVENCY II

    1.1 Solvency II Directive review: Provisional political agreement reached on proposed Solvency II amending Directive

    Filed under:
    European Union, Ireland, United Kingdom, Banking, Insolvency & Restructuring, Insurance, White Collar Crime, Dillon Eustace LLP, Digital transformation, ESG, Anti-money laundering, Greenwashing, European Commission, European Parliament, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, Department of Enterprise, Trade and Employment (Ireland), MiFID, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU), EU Artificial Intelligence Act
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Dillon Eustace LLP
    Harmonisation of insolvency avoidance rights from the Hungarian perspective
    2024-03-01

    Hungarian insolvency law already knows the concept of avoidance actions. Allowing creditors and liquidators to challenge certain transactions aims to protect the value of the insolvency estate. Although the principles of Hungarian insolvency law are the same as those outlined in the European Commission's proposal for a Directive (i.e. Proposed Directive), there are some aspects which would need to be carefully thought through before they are harmonised.

    Filed under:
    Hungary, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency, European Commission, European Parliament
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    2023’s most significant legal developments and what to look out for in 2024
    2024-02-27

    FEBRUARY 2024 mourant.com 2021934/89586498/1 UPDATE 2023’s most significant legal developments and what to look out for in 2024 Update prepared by Saniyé Tipirdamaz, Adrian Dobbyn, Eléonore Galleron, Mathieu Gangloff and Romain Bordage (Luxembourg) In 2023, in Luxembourg, we witnessed a number of significant legal developments in the areas of Banking & Finance, Restructuring & Insolvency, Corporate, Investment Funds and Tax. In 2024, new legislation which will impact upon businesses and their investment strategies are expected to be introduced.

    Filed under:
    European Union, Luxembourg, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Mourant, Foreign direct investment, Blockchain, Venture capital, Transfer pricing, State aid, Insolvency, European Commission, European Parliament
    Location:
    European Union, Luxembourg
    Firm:
    Mourant
    Harmonisaton of EU Insolvency Law and its impact on avoidance actions in Portugal
    2024-02-23

    The presentation of the Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law (COM/2022/702) marks a significant step towards the convergence of fundamental aspects of insolvency law throughout the EU, which is considered fundamental if cross-border investment and cross-border business relationships are to reach their potential.

    Filed under:
    European Union, Portugal, Insolvency & Restructuring, CMS Portugal, European Parliament
    Authors:
    Gonçalo Madeira , Nuno Pena , Cristina Rogado , João Maria Falcão
    Location:
    European Union, Portugal
    Firm:
    CMS Portugal
    Avoidance actions: Italy is prepared
    2024-02-16

    The European legislator intends to harmonise the avoidance actions in the member states. Italy, however, already has comprehensive legislation in place that covers this issue.

    European legal framework for insolvency

    Filed under:
    European Union, Italy, Insolvency & Restructuring, CMS Italy, European Commission, European Parliament
    Authors:
    Mauro Battistella , Ramona Imberbe
    Location:
    European Union, Italy
    Firm:
    CMS Italy
    Luxembourg’s new Restructuring Law: what about the financial collateral?
    2024-01-08

    On 1 November 2023, the Luxembourg law of 7 August 2023 on business preservation and modernisation of bankruptcy law (the Restructuring Law) entered into force. Despite the new restructuring framework introduced thereby to provide relief to debtors in financial difficulties, the security interests granted under the Luxembourg law of 5 August 2005 on financial collateral arrangements (the Financial Collateral Law) remain a rock-solid tool offering legal certainty to lenders and practitioners.

    Filed under:
    European Union, Luxembourg, Insolvency & Restructuring, Loyens & Loeff, European Parliament
    Authors:
    Natalja Taillefer , Vassiliyan Zanev
    Location:
    European Union, Luxembourg
    Firm:
    Loyens & Loeff
    The Payments Newsletter including Digital Assets & Blockchain, November 2023
    2023-12-06

    Key developments of interest over the last month include: IOSCO publishing its final Policy Recommendations for Crypto and Digital Asset (CDA) Markets; the UK government publishing a response to its previous consultation and call for evidence on proposals for the future financial services regulatory regime for digital assets as well as the FCA and Bank of England publishing proposals on the UK stablecoins regulatory regime; the European Parliament's ECON Committee publishing draft reports on the proposed PSD3 and Payment Services Regulation; and the UK government publishing a Future of Paym

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Hogan Lovells, Blockchain, Fintech, Cryptocurrency, Open banking, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, International Organization of Securities Commissions, HM Treasury (UK), Airbnb, HSBC, Amazon.com, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Bank of Italy, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Virginia Montgomery , Grace Wyatt
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    Luxembourg is modernising its restructuring and insolvency law
    2023-10-25

    The law of 7 August 2023 on business preservation and modernisation of bankruptcy law (the Law) will enter into force on 1 November 2023.

    In addition to introducing certain amendments to the existing insolvency framework, the Law implements EU Directive 2019/1023 of the European Parliament and the Council of 20 June 2019 on preventive restructuring frameworks.

    Scope

    The Law applies to all types of commercial companies and traders (commerçants), including special limited partnerships.

    Filed under:
    European Union, Luxembourg, Insolvency & Restructuring, Ashurst, Insolvency, European Parliament
    Authors:
    Fabien Debroise
    Location:
    European Union, Luxembourg
    Firm:
    Ashurst

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