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    Drohende Änderung des Haftungsrahmens für Betriebsrenten bei Erwerb aus der Insolvenz?
    2018-12-06

    Das BAG begehrt in seiner Vorlage an den EuGH vom 16.10.2018 (Az.: 3 AZR 139/17) die Klärung der Frage, in welchem Rahmen der Erwerber eines Betriebs aus der Insolvenz des Veräußerers für Betriebsrenten gemäß § 613a BGB übergegangener Arbeitnehmer haften muss und ob seine bislang praktizierte erwerberfreundliche teleologische Reduktion des § 613a Abs. 1 BGB in diesem Zusammenhang unionsrechtskonform ist.

    I. Einleitung

    Filed under:
    European Union, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Taylor Wessing, Court of Justice of the European Union
    Location:
    European Union
    Firm:
    Taylor Wessing
    Liquidator's claim struck out for insufficient drafting and abuse of process
    2018-03-01

    Key points

    • The High Court struck out a claim by a liquidator who had already brought a claim arising from the same facts against the same defendants.

    • The court relied on the fact that the economic benefit of pursuing the claim would accrue only to the liquidator.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Court decision on setting aside a statutory demand
    2017-12-05

    The facts

    The Applicant granted two guarantees to a bank in 2006 and 2007 in respect of two facility letters. The bank assigned the Second Facility and the benefit of the First Guarantee to the Respondent. The amounts due under the Second Facility fell due for payment on 31 March 2008 and were only demanded for payment in 2015.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    New ruling reduces risk of clawback claims in a German restructuring
    2022-07-07

    In a ruling issued on 3 March 2022 (IX ZR 78/20) the German Federal Court (BGH) has again raised the requirements for proving that a debtor, when making a payment, intended to disadvantage their creditors.

    Background

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing
    Location:
    Germany
    Firm:
    Taylor Wessing
    Disputed loan claims threaten the opening of German insolvency proceedings
    2022-02-03

    Background

    When the validity of an agreed interest rate is the subject of a dispute between the parties to a loan agreement in Germany, the insolvency courts do not have jurisdiction to deal with the dispute. This is something only the civil courts can do.

    Impact

    If lenders provide sufficient evidence of the loan interest amount, ie usually the loan agreement, the debtor is required to prove that the interest rate contradicts public policy or is unreasonably high.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Marc Popovic
    Location:
    Germany
    Firm:
    Taylor Wessing
    UK REIT Horizon Scanner Q4 2021
    2021-10-18

    UK REIT Horizon Scanner Q4 2021

    UK REIT Horizon Scanner Q4 2021

    Key Issues

    Key issues coming up for UK Main Market REITs in corporate, financial regulatory, planning, real estate, securities law and regulation and tax1 in England (including retained EU law2).

    Issue/status/timing: New developments since our March 2021 edition are shown in green text. Impact: urgency/impact rating for REITs admitted to London Stock Exchange Main Market (including the Specialist Fund Segment3)

    Filed under:
    European Union, United Kingdom, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Planning, Public, Tax, White Collar Crime, Taylor Wessing, Corporate governance, Brexit, Libor, Supply chain, Money laundering, Mediation, ESG, Coronavirus, Commercial tenant, HM Revenue and Customs (UK), UK House of Commons, House of Lords, Bank of England
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    Directors' liability - German Federal Court of Justice finds waiver invalid in preliminary insolvency proceedings
    2021-06-30

    The German Federal Court of Justice was recently asked to decide whether a waiver in favour of company director had been validated by the preliminary insolvency administrator's consent.

    Background

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Federal Court of Justice
    Location:
    Germany
    Firm:
    Taylor Wessing
    Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
    2021-05-05

    On 23 March 2021, the 2011 sale of the One Blackfriars development site in London by administrators was cleared of misfeasance by the High Court, in Re One Blackfriars Ltd [2021] EWHC 684 (Ch).

    In a £250 million claim, the company's liquidators had alleged that the former administrators had breached their duties by failing to act independently of the banking syndicate which appointed them, failing to properly assess the value of the site, and selling the site at an undervalue.

    Here, we recap the facts of the case and outline the key takeaways to consider.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Coronavirus
    Authors:
    Stephen O'Grady
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    DeepOcean Group - the first UK cross-class cram down
    2021-03-02

    On 13 January 2021, the English High Court sanctioned three interconditional Part 26A restructuring plans for the subsidiaries of DeepOcean Group Holding BV.

    The plans for two of the companies were approved by the required 75% majority. While the third plan received 100% approval by secured creditors, only 64.6% of unsecured creditors voted in favour.

    Consequently, at the sanction hearing the court was required to consider whether the cross-class cram down mechanism in the restructuring plan should be engaged for the first time in the UK.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK pre-pack reforms - mandatory controls on administration sales to connected persons
    2020-12-10

    The UK government has published new draft regulations to require mandatory scrutiny of administration sales to connected parties (such as the insolvent company’s existing directors or shareholders).

    In the UK, a "pre-pack" is an arrangement under which the sale of all or part of a company’s business or assets is agreed with a purchaser prior to the appointment of administrators. The sale is carried out by the administrators immediately on, or shortly after, their appointment. Administrators must be licensed insolvency practitioners.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Nick Moser
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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