A recent case in April 2023 before the Netherlands Commercial Court attracted attention from lawyers all over the globe. The topic in simple words: can digital data be owned? Can it be the subject of property rights and, if so, can it be transferred to another party or be the subject of a security right? From the outset it should… Read More »2023-09-doc1 Can digitaldata be the subject of property rights?
Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups is the title of a book that I have written together with my Leiden colleague Ilya Kokorin. In May 2021 it has been published by Edward Elgar Publishing in the series Elgar Corporate and Insolvency Law and Practice. Cross-border insolvency protocols were an intriguing new development in the early days in my… Read More »2023-08-doc2 Lost and Found: Database of insolvency protocols
Article 369(10) of the Dutch Bankruptcy Act (DBA) stipulates that there is no legal remedy against decisions of the court within the framework of the WHOA scheme. Is this rule in accordance with Article 16 of the EU Preventive Restructuring Directive 2019/1023 regarding appeals? In the Netherlands, in principle, no appeal or appeal in cassation is possible against a court… Read More »2023-08-doc1 Should parties have the right to appeal a restructuring plan?
Professor Bork (University of Hamburg) is one of the most active authors in Europe about all aspects of international insolvency law, be it European, comparative or international, both practical as well as theoretical. In his new book Advanced introduction to Cross-Border Insolvency Law, he introduces the applicable codification, under which term he includes transnational law, non-binding recommendations (soft law, although… Read More »2023-07-doc3 Advanced Introduction to Cross-border Insolvency Law
The book with this title, shortly introduced here, is a remarkable contribution to the understanding of large cross-border restructuring and insolvency cases. No doubt it will be a valuable tool for experts in this area, not only for the topics covered as well as for the colleagues of the authors delivering it. Its background lies in the International Insolvency Institute… Read More »2023-07-doc1 Cross Border Restructuring & Insolvency 2012-2022
Intro. A recent Dutch court case provides a Spanish bank (with a secured claim) an expensive lesson when dealing with the bankrupt Dutch owners of a Spanish holiday home. The bank collaborated in the sale and transfer of title of the holiday home in Spain owned by the two Dutch nationals, without permission from their IP appointed in the insolvency… Read More »2023-06-doc3 Spanish banks beware of insolvent Dutch nationals with holiday homes!
Eighth and last of a series of short films about the Dutch series ‘Wessels Insolvency Law’. In this last episode Gert-Jan Boon, Leiden University, and I finalise our conversation, this time about the mystery of the color choice for the cover of the books in all five subsequent editions. Who determined the color of the first series? Color provides an… Read More »2023-film08 – Color of bookseries Wessels Insolvency Law
Seventh film (from eight) the Dutch series ‘Wessels Insolvency Law’. I am speaking again with Gert-Jan Boon, Leiden University, about the future of the series: from book to database, time to hand over the baton, bringing together a new editorial board, Thijs van Zanten: ‘bigger club needed’, 90% of users use databases on their laptops, Bob as traditional old book… Read More »2023-film07 Future of series Wessels Insolvency Law
Last year, a pension fund in the Netherlands (“Stichting Pensioenfonds Metaal en Techniek”) petitioned the Dutch court of Gelderland to open insolvency proceedings for HeatWeed Technologies, a company incorporated under Swedish law with its registered office in Ströstad, Sweden. On 1 November, the court opened the insolvency proceedings – but 14 days later, it annulled its judgment after hearing opposition… Read More »2023-06-doc2 In EU cross-border insolvency: check the right registers before filing
From the eight films made, this is number 6 (six) in the episode of the Dutch bookseries ‘Wessels Insolvency Law’. I continue to be interviewed by Gert-Jan Boon, Leiden University, about the following topics: what are the reactions to the series, how does the series tie in with judgements of first instance courts, why did I put draft texts (inviting… Read More »2023-film06 Connection Wessels Insolvency Law to practice