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    Green light to the directive set to harmonize and strengthen restructurings in the EU
    2019-06-07

    On June 6 the Council of the European Union approved the Proposal for a Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures.

    This marks an end to the legislative process of the Directive, which is now pending to be publisged in the Official Journal of the European Union.

    Put concisely, the approved directive imposes an obligation on member states to implement harmonized legislation on:

    Filed under:
    European Union, Insolvency & Restructuring, Garrigues, Council of the European Union
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo
    Location:
    European Union
    Firm:
    Garrigues
    Who’s next? Recent airline collapses and new laws to address the mess
    2019-05-23

    The past couple of years have seen a number of major airlines collapse, including Monarch and Air Berlin. Unfortunately, this year has already seen the number of casualties pile up with the likes of WOW Air, FlyBMI, Primera Air and Jet Airways all ceasing operations. With Thomas Cook – the UK’s oldest travel operator – the latest in jeopardy, we look at Lexology’s recent articles in an attempt to analyse this trend and explore the legislation being introduced to support the aviation industry.

    Need some AIR – can airlines operate when insolvent?

    Filed under:
    European Union, Germany, India, United Kingdom, Aviation, Competition & Antitrust, Insolvency & Restructuring, Lexology, Brexit, International Civil Aviation Organization, easyJet, Civil Aviation Authority (UK), Jet Airways, Flybmi, Air Berlin, Monarch Airlines
    Authors:
    Jonathan Simmons
    Location:
    European Union, Germany, India, United Kingdom
    Firm:
    Lexology
    Adoption of the proposal for a European Directive on preventive restructuring and second chance
    2019-05-30

    The European Parliament's proposal of 28 March 2019 for a Directive of the European Parliament on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and restructuring proceedings (hereinafter, the "Directive") aims at developing national preventive restructuring frameworks.

    Filed under:
    European Union, Company & Commercial, Insolvency & Restructuring, Osborne Clarke
    Authors:
    Eduard Arruga , Juan Luis Juez
    Location:
    European Union
    Firm:
    Osborne Clarke
    Up, Up and Away: Irish Commercial Court Orders Removal of Registrations relating to Aircraft
    2019-05-31

    Executive Summary

    The Irish High Court currently has exclusive jurisdiction to make orders against the Registrar (as defined below) pursuant to the Convention and the Protocol (both as defined below).

    The recent judgment of Mr Justice McDonald in Unicredit Global Leasing Export Gmbh v Business Aviation Limited and Aviareto Limited1 is a welcome reminder that the Irish Courts will not tolerate misleading registrations on the International Registry for International Interests in Mobile Equipment (the "Registry").

    Filed under:
    European Union, Ireland, Asset Finance, Aviation, Insolvency & Restructuring, Litigation, Walkers, High Court (Ireland)
    Authors:
    Gavin Smith , William Greensmyth , David McGovern , Killian McSharry
    Location:
    European Union, Ireland
    Firm:
    Walkers
    VAT - Monthly Alert - May 2019: Court of Justice of the European Union
    2019-05-31

    In Budimex SA (C224/18), the CJEU was asked by a Polish Court to determine the time of supply in relation to a construction contract where no invoice was issued in accordance with articles 63 and 66 of the Principal VAT Directive (PVD), which provide that the chargeable event for VAT purposes is when the services are supplied.

    Filed under:
    European Union, Construction, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Debtor, CJEU
    Location:
    European Union
    Firm:
    DLA Piper
    Funds Talk: June 2019
    2019-06-01

    EMIR REFIT – Implications for Fund Managers 

    Filed under:
    European Union, USA, New York, Banking, Capital Markets, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Real Estate, Kramer Levin Naftalis & Frankel LLP, US Department of Justice, Federal Reserve (USA), European Market Infrastructure Regulation (2012/648/EU)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Newsletter Reestructuraciones e Insolvencias - Junio 2019 | Resoluciones
    2019-06-07

    El tribunal de un Estado miembro que conoce del procedimiento de insolvencia tiene competencia exclusiva para conocer de las acciones revocatorias ejercitadas dentro del mismo

    Sentencia del Tribunal de Justicia de la Unión Europea de 14 de noviembre de 2018

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Garrigues, Bankruptcy, CJEU
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo
    Location:
    European Union, Spain
    Firm:
    Garrigues
    No-deal Brexit: Impact on cross-border corporate recovery and insolvency
    2019-04-15

    While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit, in which the UK leaves the EU without a withdrawal agreement or other deal. Here we look at the potential impact of a no-deal Brexit on cross-border corporate recovery and insolvency.

    Key issues

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, DLA Piper, Brexit, UNCITRAL, European Commission
    Authors:
    Chris Parker , Robert Russell
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    As Safe as Houses? Insolvency in the Hotels Sector
    2019-04-30
    • It is common for the ownership and operation of a hotel to be separated and this should be reflected in a lender's security package.
    • In the event of financial distress, a review of the hotel holding and operating structure and security package is essential to identify pre-enforcement and enforcement options available to the lender.
    • The practicalities of enforcement need to be considered alongside the legal options, including the position in relation to existing licences and short term funding requirements, as this will inform the strategy for how the a
    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Real Estate, BCLP, Brexit, Airbnb
    Location:
    European Union, United Kingdom
    Firm:
    BCLP
    The EU Risk Reduction Package: The Countdown for Restructuring the MREL Base Has Just Begun
    2019-04-30

    WHITE PAPER

    April 2019

    The EU Risk Reduction Package: The Countdown for Restructuring the MREL Base Has Just Begun

    Filed under:
    European Union, Banking, Derivatives, Insolvency & Restructuring, Jones Day
    Location:
    European Union
    Firm:
    Jones Day

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