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    Insurance Newsletter - Issue No. 12
    2023-04-13

    IAIS launches climate risk training materials for insurance supervisors

    According to a press release published on April 5th, 2023, the International Association of Insurance Supervisors (IAIS) and the Financial Stability Institute jointly launched new online training materials on climate risk for insurance supervisors.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Insurance, IT & Data Protection, Ganado Advocates, Fintech, Digital transformation, Confidential information, European Commission, Solvency II Directive (2009/138/EU)
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    State aid: Italian EUR 400 million loan for Alitalia qualified by the European Commission as illegal aid
    2023-04-13

    On 27 March 2023, the European Commission concluded that an Italian loan of EUR 400 million granted in 2019 in favour of Alitalia constituted illegal and incompatible aid that has to be reimbursed.

    Alitalia has benefitted from numerous public support measures over the years. The airline found itself in a financial pickle and was declared bankrupt in May 2017. To ensure the continuity of its operations, the Italian State provided the airline with two loans, one of EUR 900 million granted in 2017 and the second of EUR 400 million in 2019.

    Filed under:
    Belgium, European Union, Aviation, Banking, Insolvency & Restructuring, Trade & Customs, CMS Belgium, State aid, Coronavirus, Legal aid, European Commission
    Authors:
    Annabelle Lepièce , Mateusz Ryś
    Location:
    Belgium, European Union
    Firm:
    CMS Belgium
    EU (Preventative Restructuring) Regulations 2022 - Directors Duties & Insolvency
    2023-04-05

    The European Union (Preventative Restructuring) Regulations 2022 (the “Restructuring Regulations”) were introduced on 27 July 2022 with immediate effect.

    You can read our overview of the regulations, specifically the changes they impose on the examinership process and a short overview of the changes imposed on the Companies Act 2014, here.

    Filed under:
    European Union, Company & Commercial, Insolvency & Restructuring, Lavelle Partners LLP, Insolvency
    Authors:
    Odhran Banim
    Location:
    European Union
    Firm:
    Lavelle Partners LLP
    Crypto assets in insolvency - key features and points to consider
    2023-04-04

    The so-called crypto-winter and associated high profile insolvencies of major players such as FTX, Three Arrows Capital and Genesis may have dampened enthusiasm for this new asset class in some quarters. However, while volatility is likely to be an ongoing characteristic in the short and medium term, it is probably better to view recent events as a period of market correction rather than the "beginning of the end" of crypto assets.

    The future for a new class of digital assets

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Stevens & Bolton LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Metaverse, Insolvency, Bank of England, FTX, Financial Services and Markets Act 2000 (UK)
    Authors:
    Tim Carter
    Location:
    European Union, United Kingdom
    Firm:
    Stevens & Bolton LLP
    Landmark Decision in Silverpail Examinership
    2023-04-05

    In the first case of its kind since Re Business City Limited ([1997] 2 BCLC 510) in 1997, and only the second ever such case, the High Court of England and Wales made an order on 5 April 2023 recognising and giving the force of law in England and Wales to a scheme of arrangement in an Irish examinership. The High Court of Northern Ireland made a similar order in the same case on 3 April 2023.

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Public, Matheson LLP, European Commission, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Brendan Colgan , Kevin Gahan , Julie Murphy O'Connor , Tony O'Grady
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Matheson LLP
    Restructuring & Insolvency Newsletter - March 2023 | News
    2023-03-29

    The commercial judges of Madrid publish a guidefor the appointment of an expert on insolvency pre-pack

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Garrigues, European Commission
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo , Juan María Jiménez Moreno
    Location:
    European Union, Spain
    Firm:
    Garrigues
    The Rain falls mainly on the Plan: Restructuring Plans in Spain
    2023-03-29

    Spanish Insolvency Law 16/2022

    Filed under:
    European Union, Spain, United Kingdom, Insolvency & Restructuring, Litigation, Ashurst, Insolvency
    Authors:
    Giles Boothman , Beatriz Satrústegui , Jose Christian Bertram
    Location:
    European Union, Spain, United Kingdom
    Firm:
    Ashurst
    Groundbreaking Royal IHC Restructuring: Dutch scheme proves itself (again) as highly effective and flexible restructuring tool
    2023-03-29

    Since the Dutch Act on Court Confirmation of a Private Restructuring Plan (“WHOA” or “Dutch Scheme”) entered into force on 1 January 2021, Dutch Courts have rendered over 200 judgments.

    On 9 March 2023, (one of) the largest Dutch Schemes so far was successfully completed: the restructuring of Royal IHC and its subsidiaries (as announced in IHC’s press release). In this case, the Rotterdam Court made several important decisions enhancing the effectiveness and legal certainty surrounding the WHOA, including regarding:

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Huub Boekhorst , Tim Elkerbout , Michael Broeders
    Location:
    European Union, Netherlands
    Firm:
    Freshfields Bruckhaus Deringer
    UK High Court Hands Down Decision in Sova Capital
    2023-03-27

    Key Points

    Filed under:
    European Union, United Kingdom, USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Financial Conduct Authority (UK)
    Authors:
    Prav Reddy , Sonya Van de Graaff , Mark Johnson , Dominique Hodgson
    Location:
    European Union, United Kingdom, USA
    Firm:
    Katten Muchin Rosenman LLP
    First past the post and foreign insolvency proceedings: the race for recognition in protecting assets from judgment creditors
    2023-03-27

    Summary

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Cross-Border Insolvency Regulations 2006 (UK)
    Authors:
    Michael Fiddy , Stephen Moi , Alexandra Wood
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown

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