Der spanische Ministerrat hat kürzlich das Gesetzesdekret 27/2021 vom 23. November erlassen, veröffentlicht am darauffolgenden Tag im spanischen Staatsanzeiger BOE. Damit wird eine Reihe wirtschaftlicher Maßnahmen zur Konjunkturunterstützung verlängert.
Criminal prosecutions for administrators are rare, and rarer still are prosecutions under employment legislation. However, a recent decision has confirmed that an administrator can be prosecuted and personally liable for a failure to notify the Secretary of State of proposed collective redundancies under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).
CVAs continued to be a popular restructuring tool in 2021. As the retail industry gears up for what is expected to be a busy festive period, it marks the end of another year in which the close scrutiny and attempted challenge by landlords to retail CVAs continued.
What is a CVA?
The problem of Non-performing Assets (NPAs) in the Indian banking system is one of its foremost predicaments.
As has been widely reported, the recent energy price volatility (coupled with the price cap limiting suppliers’ ability to pass increased costs on to consumers) has caused a number of energy supply company failures. Yesterday saw the announcement of the collapse of Bulb, one of the UK’s largest energy suppliers, with it being due to be placed into special administration very shortly.
This is the first energy special administration we’ve seen. So how are the insolvency rules different for energy companies? What is a special administration, and why is this the first one?
Federal Court of Justice, Judgment of 24 August 2021, Case No. X ZR 59/19 (BPatG) – Oscillating Drive
In the underlying case, the Federal Patent Court had dismissed the nullity actions of four separate plaintiffs against the German part of a European patent (judgment of 26 February 2019, case no. 3 Ni 29/17). All four plaintiffs appealed against this decision to the Federal Court of Justice.
Climate change is centre stage and our use of land and its effect on the climate are intertwined.
Land is a precious resource. "Buy land, they're not making make it anymore" - in these seven words, Mark Twain captures the mood of a nation. Land is a safe economic resource, until it is not. I am not sure if Mark Twain would have taken the same view with regard to contaminated land and to paraphrase Mr Orwell, "all [contaminated land] is born equal, but some [is] more equal than others".
In August 2021, Sir Alistair Norris sanctioned the restructuring plan of Amicus Finance PLC (Amicus) (as we wrote about at the time). On 15 November 2021, the judge handed down his reasoning for sanctioning the plan.
Background
In the context of the EU Directive 2019/1023/UE of 20 June 2019 (“Directive”) and in the aftermath of the Covid crisis, France has reformed its insolvency legislation. The purpose of the legislation is both to implement the requirements of the Directive into the French legislation, but also to tackle the consequences of the Covid crisis and endorse some of the measures that have been taken in this respect and have brought the number of insolvency proceedings to a historic low, as well as other measures.
Bundesgerichtshof, Urteil v. 24. August 2021, Az. X ZR 59/19 (BPatG) – Oszillationsantrieb
Im zugrundeliegenden Fall hatte das Bundespatentgericht die Nichtigkeitsklagen von insgesamt vier Klägern gegen den deutschen Teil eines Europäischen Patents abgewiesen (Urteil v. 26. Februar 2019, Az. 3 Ni 29/17). Alle vier Kläger legten hiergegen Berufung zum Bundesgerichtshof ein.