During the INSOL International Global Practice course (first module 7-9 November 2916, London) I will discuss the theme of cross-border communication and cooperation in insolvency cases. As an aid in practice, in 2007 the European Communication and Cooperation Guidelines For Cross-Border Insolvency (‘CoCo Guidelines’) were drafted by prof. Miguel Virgós… Read More »2016-08-doc2 Full text CoCo Guidelines
Welcome to the European Union: 28 Member States, using over 20 authentic languages! When one comes to the use of language in cross-border insolvency cases in Europe, there is a large contrast between the languages that national courts are using, and the languages in which communication takes places between insolvency… Read More »2016-07-doc9 What language to use in EU insolvency cross-border cases?
The European Union Commission has announced that an agreement has been reached to adopt English as the preferred language for communications within the EU, rather than German, which was the other possibility. As part of the final negotiations however, Her Majesty’s Government conceded that English spelling had some room for… Read More »2016-06-doc7 English in the EU
Ontwikkelingen in Nederland, Engeland en Frankrijk, waarbij de rechter zich presenteert als gespecialiseerde dienstverlener, voorshands poogt marktonzekerheden weg te nemen dan wel specialist is in complexe (insolventie)zaken. Verschenen in WPNR van 16 april j.l. [ontwerp-kopij; definitieve stuk verscheen in WPNR 7103 (2016), 16 april 2016] RECHTSPRAAK ZOEKT MARKTSPECIALISATIE Prof. mr… Read More »2016-04-doc9 WPNR – rubriek Privaatrecht Actueel
A VAT matter (to which the VAT Directive 2006/112/EC is applicable) in the context of an arrangement presented to creditors by the insolvent debtor has been decided upon by CJEU 7 April 2016, Case C 546/14 (Degano Trasporti Sas di Ferruccio Degano & C., in liquidation, v Pubblico Ministero presso il… Read More »2016-04-doc5 Does a tax rule bend for a rescue arrangement?
Within four years after its first release, professor Van Calster (University of Leuven, Belgium) presents the second edition of his book on European Private International Law. In some circles the theme is also referred to as international private law or conflicts of laws. See Geert van Calster, European Private International… Read More »2016-04-doc2 Van Calster on PIL
On 21 December 2015 the Supreme Court of South Africa had to deal with an insolvency case parts of which already had been heard and decided about by courts in the USA and later in Ireland. See Lagoon Beach Hotel v Lehane (235/2015) [2015] ZASCA 210. The case involves the… Read More »2016-04-doc1 Supreme Court of South Africa – Lagoon case
With the shifting of focus to an earlier, out-of-court model for restructuring financial distressed companies, new actors will enter the restructuring and Insolvency market. Will there be room for insolvency mediators, and if so, in what way this profession should be organised? See for some of my thoughts INSOL Europe’s newsletter eurofenix, Spring 2016.… Read More »2016-03-doc12 Insolvency mediation in the EU
‘UK EU exit would be global economy shock’, according to G20 leaders last weekend. The mood in the UK is rather split, but indeed what if the UK were to exit after the referendum of June 2016? And what would it mean for the restructuring and insolvency of natural persons… Read More »2016-03-doc2 Brexit & European Insolvency Law
Today, March 1, 2016, Global Restructuring Review (GRR) went live, see globalrestructuringreview.com. It’s a periodical with Cross-border restructuring and insolvency news, features and events. This first issue also contains an interview with me: Bob Wessels: professor emeritus of International Insolvency Law at Leiden University and expert counsel to the European… Read More »2016-03-doc1 Interview in first issue of GRR