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With our Employment Tracker, we regularly look into the "future of labour law" for you! At the beginning of each month, we present the most important decisions expected for the month from the Federal Labour Court (BAG) and the European Court of Justice (ECJ) as well as other courts. We report on the results in the issue of the following month. In addition, we point out upcoming milestones in legislative initiatives by politicians, so that you know today what you can expect tomorrow.
Employment Tracker
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Recent decisions
The European Court of Justice’s (“ECJ”) Plessers judgment seemed to cause a serious threat for the applicability of the Belgian reorganisation procedure by transfer under judicial supervision, and the right of the interested buyer of the debtor’s activities to choose which particular employees it would take over (see hereand
When an Event of Default is "continuing" is not defined or addressed in the ISDA Master Agreement. Until now it does not appear to have been expressly considered in case law either.
Employment Tracker DEZEMBER 2022 DEZEMBER 2022 | EMPLOYMENT TRACKER Employment Tracker 2 Bleiben Sie mit uns auf dem Laufenden Mit unserem Employment Tracker blicken wir für Sie regelmäßig in die „Zukunft des Arbeitsrechts“! Jeweils zu Monatsbeginn stellen wir die wichtigsten für den Monat erwarteten Entscheidungen des Bundesarbeitsgerichts (BAG) und des Europäischen Gerichtshofs (EuGH) sowie sonstiger Gerichte vor. In der Ausgabe des jeweiligen Folgemonats berichten wir über die Ergebnisse.
1.1 Are there international treaties and/or cross-border instruments applicable?
It is often said that failure is an essential step of learning. Business failure is an inherent process of economic activity so much so that it is estimated that some 200,000 firms in the European Union go bankrupt annually in the European Union. Around half of new operations fail to get through the first five years, and bankruptcies usually account for 15% of such failures.
The Irish Minister for Enterprise, Trade and Employment signed into law the European Union (Preventive Restructuring) Regulations 2022 on 29 July 2022. This is the first significant piece of legislation dealing with corporate rescue in Ireland since 1990, when the jurisdiction's examinership process was first codified.
As well as the Deka Legal Bake, last week witnessed the publication of the updated ASHE and a further judgment on the subject of jurisdiction, which seems to be a growth area in satellite litigation, perhaps unsurprisingly given the effect of Exit Day.
The scheme offers a credible implementation alternative, but no “one size fits all” solution exists for German credits.
German credits in sectors such as real estate, automotive, and energy face a worsening macro backdrop. At the same time, the available toolkit for financial restructurings has expanded, offering multiple options without the need for recourse to insolvency proceedings.
Early in October, three new Bills were tabled to Parliament: a Bill to amend the Commercial Code provisions on Bankruptcy, a Pre-Insolvency Bill, and a Bill to regulate Insolvency Practitioners. These Bills intend to partially transpose the EU Directive 2019/1023 on preventive restructuring frameworks. The aim of the Directive is to encourage Member States to implement measures that enable the early detection of financial difficulties to avoid insolvency altogether, failing which, there could be a smoother transition into insolvent liquidation.