Blog Archive

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) pre-pack proceedings; (d) directors’ duties to submit a request for… Read More »2026-06-doc2 Certain Aspects Directive 2026/799 a patchwork without cross-border rules

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 €100. Nobody can deny the Commission’s ambition in taking a… 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 claim for performance for payment against Brodosplit, based on an… 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, filed against an IP referred to as “[the trustee] q.q.… Read More »2026-03-doc3 Bank chokes on the European Insolvency Regulation

For the European Commission, 2026 began with its plan, published in October 2025, to build a more sovereign and independent Europe. The work program, entitled “Europe’s Independence Moment”, addresses current and future challenges arising from threats to the continent’s security and democracy, geopolitical tensions, as well as the risks to the EU’s economy and industry. The leading EU executives have… Read More »2026-01-26 EU Restructuring & Insolvency: What awaits us in 2026?