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Blog 2014

2014-11-doc4 Wessels Insolventierecht V (Verificatie) verschenen

[Publication of Wessels Insolvency Law part V on Verification of claims in insolvency proceedings (in Dutch)] Deze week is in mijn serie Wessels Insolventierecht deel V ('Verificatie van schuldvorderingen') verschenen. Kern van het boek is een commentaar op art. 108-137 Faillissementswet. Centraal staat de uitleg van de betekenis en het doel van de verificatie en de schuldvorderingen die in een faillissement kunnen worden geverifieerd, en die welke niet behoeven te worden geverifieerd. Bijzondere aandacht krijgen belasting- en premievorderingen. Verder wordt systematisch de voorbereiding van en de gang van zaken op een verificatievergadering behandeld, alsmede de vraagstukken die samenhangen met de erkenning en betwisting van vorderingen en de renvooiprocedure. Doordat talloze bepalingen van overeenkomstige toepassing zijn bij de verificatie van vorderingen gedurende de schuldsaneringsregeling natuurlijke personen en binnen de surseance van betaling wordt ook daaraan aandacht gegeven. Alle relevante rechtspraak en literatuur verschenen na de vorige druk (eind 2010) is verwerkt. Deze is bijgewerkt tot eind juli 2014. Zie

2014-11-doc3 AIPPI on IP Licensing and Insolvency

AIPPI is a world leading non-government organisation for research into, and formulation of policy for the law relating to the protection of intellectual property. AIPPI is the French acronym for International Association for the Protection of Intellectual Property. In its annual congress in Toronto, last September, AIPPI adopted resolution Q241 on 'IP licensing and insolvency'. Rightly AIPPI observes that in today's integrated and globalised world, the topic of IP licensing and insolvency is becoming ever more important. The organisation had agreed on a previous resolution (Q190 on 'Contracts regarding intellectual property rights (assignments and licenses) and third parties') in which it was stated that insolvency laws should not allow for the unilaterally disclaim or termination of such a contract when the licensor is insolvent. AIPPI has found that rules relating to IP licensing and insolvency differs significantly between countries. It wishes to harmonize the treatment of IP licence agreements during insolvency proceedings, and in particular whether and under what circumstances an administrator of such a proceeding may adopt, modify, or terminate such an agreement. AIPPI resolved that the laws should apply equally to licences of all types of IP rights, should not discriminate between foreign and national IP rights, and should in general apply equally to exclusive and non-exclusive licences. The press release says that as to the contractual rights (often included in IP licences) that permit the solvent party to terminate or alter an IP licence during a bankruptcy or insolvency proceeding, such contractual rights should as a rule be enforceable. Any exceptions must safeguard the legitimate interests of the IP licensor and licensee. Likewise, a contractual right in an IP licence restricting or prohibiting transfer or assignment of the IP licence during a insolvency proceeding should be enforceable. When exercising the right in an insolvency proceeding to adopt, assign, modify or terminate an IP licence and the consequences, especially for a solvent licensee, the administrator should give consideration '... to the meaning of the licence itself, as well as to which party to the licence is insolvent.' The administrator's exercise of any such right should balance the interests involved, and facilitate the normal exploitation of IP licences and payment to the creditors involved in bankruptcy and insolvency proceedings. AIPPI specifically resolved that the administrator cannot terminate a fully paid up licence except as otherwise provided by law. In the event of termination of an IP licence during an insolvency proceeding, AIPPI's point of view is that the licensee should not be able to continue using the underlying IP rights. In the event of such termination, however, an exclusive licensee should be granted a first right of refusal to acquire the IP rights. AIPPI's resolution 'IP and Insolvency' therefore urges the relevant authorities to implement the necessary measures to address IP licences in insolvency proceedings specifically, in addition to laws governing other types of contracts, assets and property rights. For the tekst of the resolution, see  aippi - licences & insolvency RS241English

2014-11-doc2 General agreement on text of Recitals and Annexes of new Insolvency Regulation

In June 2014, see this blog at 2014-06-doc11 the national ministers in the Justice Council generally were supportive to the many amendments in the European Commission’s proposal of 12 December 2012 to modernise European rules on cross-border insolvency laid down in the EU Insolvency Regulation. In September 2014 a broad broad agreement appears to have been reached amongst the Member States regarding the text of the remaining recitals and Annexes. Consequently, the Presidency invites the Council to: (i) confirm a partial general agreement on the compromise text as set out in Annexes I and II contained in the attached document, and (ii) to agree that this text will constitute, together with the June 2014 General Approach, the basis for the negotiations with the European Parliament. See 2104-10 Council approach to recitals and Annexes st13276 en14  and 2014-10 Council approach to recitals st13276-co01 en14

2014-11-doc1 Update on ELI project Business rescue

On this blog, see 2014-09-doc10, I announced the annual gathering on 24-26 September 2014 in Zagreb, Croatia, of the 2014 Projects Conference and General Assembly of the European Law Institute (ELI). I was invited to speak about the ELI project on the Rescue of Business in Insolvency Law, which aims to promote a shared legal approach in rescuing businesses in distress in Europe by designing a framework that will enable the further development of coherent and functional rules for business rescue in Europe. The project started early 2014 and runs till halfway 2016. Attached the latest issue of ELI Updates, a newsletter covering what has been going on at the ELI in the last two months. This edition includes a detailed report of the 2014 Projects Conference and General Assembly. For 'Dutch' presentations, see page 8 and 9. Some 20 members were especially interested in a workshop in the form of a Members Consultative Committee (MCC), the first time this MCC met. Leiden Law School research assistent Gert-Jan Boon has delivered a short report on its contents.  ELI October 2014 Newsletter     Report on the MCC Meeting for the ELI Project on Business Rescue

2014-10-doc12 Upcoming European Insolvency events

Prof. Paul Omar, secretary of INSOL Europe Academic Forum, has informed the members of the Forum as follows: a. Joint Academic Conference with Academy of European Law (ERA) (Trier, Thursday 19-Friday 20 March 2015) - Following on from a successful collaboration between Academic Forum and the Academy of European Law in 2013, a second joint conference will be organised for March 2015 to mark the completion of the reform project on the text of the European Insolvency Regulation. The conference will also focus on other insolvency and insolvency-related initiatives, such as the 2014 Recommendation on a unified approach to insolvency procedures for SMEs. b. Joint Academic Conference with Nottingham Law School (NLS) and Radboud Universiteit Nijmegen (RUN) (Nottingham, Thursday 25-Friday 26 June 2015) - Also following on from a collaboration in 2012, the Academic Forum and the Nottingham Law School will be organising a second event in June 2015, this time to be co-hosted by the Radboud Universiteit Nijmegen. The theme of the conference will be on “Reimagining Rescue” and will focus on modern approaches towards the rescue imperative with views being forthcoming from the academic, judicial and practitioner communities. Further details will be published on the Academic Forum website when available. c. Annual Conference (Berlin, Wednesday 30 September-Thursday 1 October 2015) - The theme for this conference has been determined as: “Banking and Financial Insolvencies”. A Call for Papers will be issued in January 2015 together with application forms for Travel Grants for the conference. Five will be available, each worth a maximum of EUR 500 (Five Hundred) towards costs of attending the conference. d. Book Projects/Conference Reports - The Technical Series of publications has now been joined by two new volumes released at the Istanbul conference. These are the “Role of the Judge in Nomination, Supervision and Removal of the Insolvency Representative” (Papers from the Judicial Wing Meeting, Paris, France, 26 September 2013) and “The Grand Project: Reform of the European Insolvency Regulation” (Papers from the INSOL Europe Academic Forum and Academy of European Law Joint Insolvency Conference Trier, Germany, 18-19 March 2013 and the INSOL Europe Academic Forum Annual Conference Paris, France, 25-26 September 2013). Ongoing publication projects include the Leiden 2014 conference booklet, which will be edited by Professors Michael Veder and Paul Omar and is to be published by the Netherlands Association of Comparative and International Insolvency Law, and the Istanbul 2014 booklet, which Professor Rebecca Parry will be editing. Both publications will hopefully appear in early 2015. Furthermore, Eleven Publishing will be launching a new book series entitled “Issues in Insolvency Law” in 2015. Two members of the board of the Young Academic Network for Insolvency Lawyers (Rolef de Weijs and Anthon Verweij) will act as joint editors and there will be an academic board comprised of members of the Academic Forum (Professors Stefania Bariatti, Christoph Paulus, Bob Wessels and Paul Omar). A call for manuscripts for the new series will be sent out in November 2014.