In a Dutch insolvency case, an insolvency practitioner (IP), “curator” X, asked the District Court of The Hague to determine an advance on his fee. He also requested the amount of the bankruptcy costs. The invoice covered the period from 1 January 2023 up to and including 24 February 2025,… Read More »2026-08-doc1 Does the debtor have a say in determining the fee for an IP?
Directive (EU) 2026/799 on harmonising certain aspects of insolvency law (CAD 2026/799) lays down common rules on creditors’ committees. For an overview of the other ‘aspects’ the directive covers, see https://bobwessels.nl/blog/2026-06-doc2-certain-aspects-directive-2026-799-a-patchwork-without-cross-border-rules/. Globally, it is commonly held that the interests of relevant creditors may be best served by coordinating their response… Read More »2026-07-doc1 The mystery around creditors committees
This blog is published as a companion piece to the eight-part video Lecture Series on the European Insolvency Regulation (EIR 2015) by Prof. Em. Bob Wessels and Defne Taşman. Since the videos were recorded in late February 2026, important legislative developments have taken place in European insolvency law, including the… Read More »2026-06-doc4 The New EU Insolvency Harmonisation Directive: A Bird’s-Eye View
This blog is published as a companion piece to the eight-part video Lecture Series on the European Insolvency Regulation (EIR 2015) by Prof. Em. Bob Wessels and Defne Taşman. Since the videos were recorded in late February 2026, important legislative developments have taken place in European insolvency law, including the… Read More »2026-06-doc3 EU Inc. and Insolvency Law: A First Look at the Proposed 28th Regime
Early April the EU published its new Directive (EU) 2026/799 on harmonising certain aspects of insolvency law. Article 1(1) of the so-called Certain Aspects Directive (CAD 2026/799) leaves no doubt that the directive lays down “common rules” on: (a) avoidance actions; (b) tracing of assets belonging to insolvency estates; (c)… Read More »2026-06-doc2 Certain Aspects Directive 2026/799 a patchwork without cross-border rules
Europe Column: The “Certain Aspects” harmonisation directive – a motley collection of topics – Global Restructuring Review
Mid March 2026, the European Commission presented the long-awaited proposal for a 28th EU regime by way of a new corporate form. The regime has been baptised with a name: EU Inc. This new European legal form can be established within 48 hours, entirely digitally, and for a maximum of… Read More »2026-04-doc2 The proposed “EU Inc” and its insolvency context
At an appeal hearing in November 2025, the Amsterdam Court of Appeal was asked to decide on a conflict between Dutch law firm NautaDutilh and Croatian shipbuilding company Brođograde Industrija Split Dioničko Društvo (Brodosplit). Claims are pending between the parties. In ordinary civil proceedings in the Netherlands, NautaDutilh filed a… Read More »2026-04-doc1 Does a Croatian pre-insolvency proceeding lead to a suspension of civil proceedings pending in the Netherlands?
It’s not the first time a bank has fallen foul of the European Insolvency Regulation (EIR 2015) when a foreign client came forward. See for instance my blog at https://bobwessels.nl/blog/2024-10-doc1-spanish-banks-beware-of-insolvent-dutch-nationals-with-holiday-homes/. This time, the case concerns a German bank (Sparkasse Emsland, located in Meppen, Germany) with an appeal in the Netherlands,… Read More »2026-03-doc3 Bank chokes on the European Insolvency Regulation
The Preventive Restructuring Directive 2019/1023 is best known for its system (in Articles 4-19) for preventive restructuring frameworks (‘restructuring plans’) and the way the directive’s rules have been implemented in the Member States. Other topics are equally important, such as early warning systems and measures to increase the efficiency of… Read More »2026-03-doc2 Insolvent entrepreneurs in the EU, a right to a fresh start?