Germany: The European Court of Justice Clarifies the Defences Available Against Insolvency Challenges in Germany

In the recent decision of Lutz [2015] C-557/13, the European Court of Justice (ECJ) upheld domestic defences against a clawback claim. The case relates to a clawback action brought by an insolvency administrator in Germany against a defendant based in Austria. Thanks to the decision in this case, the prerequisites for a defence under article 13 of the European Insolvency Regulation (EIR) against actions such as these, which are commonplace in Germany, have now become more clear. Read more