Not every sale of a unit of production in an insolvency proceeding is free of VAT
Central Economic-Administrative Tribunal decision of March 21, 2018
English Law Challenges to EU Bank Restructurings Firmly Closed off by U.K. Supreme Court
Summary – Decision of U.K. Supreme Court
(La Sentencia del Tribunal de Justicia de la Unión Europea de 20 de septiembre del 2017)
El Tribunal de Justicia de la Unión Europea establece las condiciones para no considerar ayuda de Estado la decisión de una autoridad pública cuando se comporta como lo haría un acreedor privado en una economía de mercado al aceptar una quita en un procedimiento de convenio de acreedores...
1. El supuesto de hecho
EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law
The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate
Regulation (EU) 2015/848 (the “Insolvency Regulation”) states at Recital 23 of its preamble that main insolvency proceedings can be opened in a Member State where a debtor has its centre of main interests (“COMI”). It goes on to state that those proceedings have universal scope and are aimed at encompassing all of the debtor’s assets. The Insolvency Regulation further details at Article 3(1) that a debtor’s COMI is where the debtor conducts the administration of its interests on a regular basis which is ascertainable by third parties.
FINANCE YEAR REVIEW 2017
The biggest news for the loan market in 2017 was the announcement by Andrew Bailey of the FCA that LIBOR may cease to exist beyond 2021. In this briefing, we discuss this and other key legal developments in banking from 2017, and also highlight a few issues to look out for in 2018 and beyond.
1. Key Banking Developments in 2017
2 FEBRUARY 2018
London
Contents
1. Key Banking Developments in 2017
1
The potential discontinuation of LIBOR
FEBRUARY 2018 • SUMMARY v NEW LEGISLATION NOTIONAL PYRAMID GARRIGUES ARCHIVES CURRENT NEWS FEBRUARY 2018 - SPECIAL Nº50 (2009 - 2018) WHAT IS THE CURRENT SITUATION OF NPLs IN THE EUROPEAN UNION?
Thomas v Frogmore: COMI Factors and Improper Motive Reviewed
This article was originally published in International Corporate Rescue, Volume 14 Issue 5, 2017. Please click here to read the original article.
Much has already been written about the proposal for the “Second Chance” directive (“Proposal“) published in November 2016 which is still being debated by the EU bodies – and rightly so. Harmonisation of insolvency law across the EU is needed as one in four insolvency proceedings is a cross-border insolvency and creditors need to know what to expect in other EU countries and that the courts and practitioners cooperate in an efficient way.
The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment which allows proceedings to be brought”: Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2017] EWHC 2663 (Comm).