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    European Court of Justice resolves - Peeters/Gatzen claim falls within the scope of Regulation (EU) 1215/2012 (Brussels I recast) instead of Regulation (EU) 2015/848 (Insolvency Regulation)
    2019-03-11

    1. Introduction

    Filed under:
    European Union, Netherlands, Banking, Insolvency & Restructuring, Litigation, Stibbe, Money laundering, Court of Justice of the European Union
    Authors:
    Marleen Jonckers
    Location:
    European Union, Netherlands
    Firm:
    Stibbe
    Judical Reorganisation through a Business Transfer under Pressure
    2019-03-14

    The Belgian legislature once again recently improved the statutory framework for business restructuring. Thus, any business - a broad concept that covers not only companies and non-profits but also independent contractors - in financial difficulty may request the opening of judicial reorganisation proceedings (procédure en réorganisation judiciaire), commonly referred to by insiders as "PRJ".

    Filed under:
    European Union, Employment & Labor, Insolvency & Restructuring, Litigation, NautaDutilh, CJEU
    Authors:
    Sophie Jacmain , Gisèle Uwera
    Location:
    European Union
    Firm:
    NautaDutilh
    BREXIT: pay-when-paid clauses in construction contracts
    2019-02-20

    Cash flow is the life blood of the construction industry, goes the mantra. Construction projects often have long supply chains. When cash stops flowing down the chain, businesses can fail. There is all too much recent evidence of this.

    Someone in the chain (say, a main contractor) could seek to provide in a contract that it does not have to pay the party below (subcontractor) until it has been paid by the party above (employer). This is a 'pay-when-paid' clause.

    Filed under:
    European Union, United Kingdom, Construction, Insolvency & Restructuring, Public, A&L Goodbody, Brexit, Construction contracts, Companies Act
    Authors:
    Vincent Power
    Location:
    European Union, United Kingdom
    Firm:
    A&L Goodbody
    Beitrag im Betriebs-Berater: nicht fremdübliche Sanierungsmaßnahmen innerhalb der EU
    2019-02-21

    In einem aktuellen Beitrag im Betriebs-Berater wird das Schreiben des Bundesfinanzministeriums (BMF) vom 6. Dezember 2018 zur Entscheidung des Europäischen Gerichtshofs (EuGH) in der Rechtssache Hornbach ausführlich erläutert. Den Beitrag im Betriebs-Berater können Sie hier kostenfrei abrufen.

    Filed under:
    European Union, Insolvency & Restructuring, Tax, Hogan Lovells
    Authors:
    Dr. Andreas Eggert
    Location:
    European Union
    Firm:
    Hogan Lovells
    Restructuring Focus on 2019
    2019-02-21

    RESTRUCTURING FOCUS ON 2019

    JANUARY 2019

    RESTRUCTURING: FOCUS ON 2019

    CONTENTS

    1

    VIEW FROM THE TOP NEW MONEY CONSIDERATIONS SOMETHING FOR ALL INVESTORS? THE INTERCREDITOR MINEFIELD LESSONS FROM CLAIRE'S STORES GOVERNANCE THE SPECTRUM OF OPTIONS CHAPTER 11 FOR THE UK? BREXIT AND UK INSOLVENCY REFORM EU INSOLVENCY REFORM: A CHANGING LANDSCAPE INDEPENDENT RECOGNITION WEIL CONTACTS

    2 4 6 8 10 12 14 16 17

    2 RESTRUCTURING: FOCUS ON 2019

    VIEW FROM THE TOP

    RESTRUCTURING: FOCUS ON 2019

    3

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Weil Gotshal & Manges LLP, Brexit, Investment management
    Location:
    European Union, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Financial Services: Preparations for a ‘No-Deal’ Brexit
    2019-02-22

    The Irish Government is planning to take measures in the areas of settlement finality, insurance, and insurance distribution in the event of a 'no-deal Brexit'. The relevant measures are set out in Parts 7 and 8 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 (the “Withdrawal Bill”), which was published on 22 February 2019. These measures are in addition to a number of measures already taken at EU level.

    Settlement Finality

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Public, McCann FitzGerald LLP, Brexit, Central securities depository, Financial Conduct Authority (UK), European Commission, Central Bank of Ireland, European Securities and Markets Authority
    Authors:
    Fergus Gillen , Josh Hogan , Judith Lawless , Mark White , Darragh Murphy
    Location:
    European Union, United Kingdom
    Firm:
    McCann FitzGerald LLP
    Application of the Council Regulation on Insolvency Proceedings
    2019-02-27

    Cases involving the application of the Council Regulation (EC) No. 1346 / 2000 (the ‘Regulation’) have been rare before the Maltese Courts since Malta joined the European Union in May 2004. Thus far, the only instance where an issue involving the interpretation of the Regulation arose involved a maritime case – The Foreign Economic Technical Co. Operative Company of China et vs m.v.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Litigation, Ganado Advocates, Debtor, Liquidator (law), European Commission
    Authors:
    Louis Cassar Pullicino
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    English Court of Appeal Upholds "The Gibbs Rule"
    2019-02-27

    In Short:

    The Situation: In Bakhshiyeva v Sberbank of Russia, a debtor sought to restructure English law-governed debts pursuant to an Azerbaijani restructuring proceeding. In order to prevent certain dissenting creditors from commencing enforcement proceedings against the debtor in the UK, the debtor asked the English court to provide an indefinite stay.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Jones Day
    Authors:
    Sarah Archer
    Location:
    European Union, United Kingdom
    Firm:
    Jones Day
    Restructuring & Insolvency Newsletter - March 2019 | Judgments of interest
    2019-03-04

    Ranking of claims payable to the government in respect of refunded subsidies depends on when they were granted

    Judgment by the Supreme Court (Chamber One), November 20, 2018

    Chronological parameters must be used when classifying claims arising from the obligation to refund subsidies. Accordingly, if the subsidies were granted before the insolvency order, the claim in respect of the refunded subsidy must be a pre-insolvency claim whereas if the subsidy was granted after the insolvency order, the claim for the refund must be a post-insolvency claim.

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Garrigues, CJEU
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo
    Location:
    European Union, Spain
    Firm:
    Garrigues
    Cross-border insolvency: making a case of harmonised insolvency laws across the EU
    2019-03-04

    Cross-border insolvency law has been gaining importance in the EU’s legal system over the past few decades. Harmonising insolvency laws is a difficult process as the legal framework interacts with a myriad of domestic laws. In order to increase the effectiveness of cross-border insolvency proceedings, the original Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings was replaced by new Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 the Insolvency Proceedings (Recast) Regulation (the “Recast”).

    Filed under:
    European Union, Malta, Company & Commercial, Insolvency & Restructuring, Litigation, Gauci-Maistre Xynou (Legal | Assurance), European Commission
    Location:
    European Union, Malta
    Firm:
    Gauci-Maistre Xynou (Legal | Assurance)

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