To accompany lectures abroad (ie outside the Netherlands) I am providing this text, taken from Bob Wessels, International Insolvency Law Part II. European Insolvency Law (4th. ed., 2017, published by Wolters Kluwer). By the way a 5th edition if forthcoming, aiming at late 2022. In the present par. 10764b I provide examples of powers of the main insolvency practitioner (especially… Read More »2022-06-doc1 Dominant position of the main IP under EIR 2015
This time a hideout in the well-settled framework of the EU Insolvency Regulation (EIR 2015). The Regulation’s scheme does provides for the opening of main insolvency proceedings (based on the a debtor’s centre of main interests (COMI of the debtor)) and allows for the opening of one or more secondary insolvency proceedings against a debtor in any EU member state… Read More »2022-05-doc2 On independent territorial insolvency proceedings
On 28 April, the Court of Justice of the European Union (CJEU) published its long-awaited judgment in the case of Heiploeg v FNV union. See CJEU 28 April 2022, Case C 237/20 (Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV, Heitrans International BV). The European court ruled that a Dutch pre-pack sale under certain circumstances can fall within the exceptions… Read More »2022-05-doc1 Heiploeg – European Commission: your move!
Body of EU insolvency law growing. In Europe, before the present century, insolvency law was mainly organised nationally. If there was a rare international case, disputes had to be solved by applying a country’s private international law. For cross-border insolvency cases, the law was underdeveloped or based on themes other than insolvency. Until the end of last century insolvency proceedings… Read More »2022-03-doc1 EU Insolvency Regulation – substantial repair work needed
In the first decade of this century, in European insolvency law the H-word was on the list of banned terminology. In 2011 the ice had been broken by the European Parliament (EP). It was assisted in its decision via a group of reports from mainly practitioners gathered in INSOL Europe, European’s largest insolvency practitioners’ group. The EP gave its go-ahead… Read More »2022-02-doc1 European Insolvency Law: the year ahead
The European Union aims to harmonize the laws of the Member States regarding insolvency and restructuring. It also intends to facilitate the functioning of insolvency proceedings across the Union. The first step the EU took was to provide for a system regulating cross-border insolvency. This year will celebrate the 20th birthday of EU regulated cross-border insolvency law. The original European… Read More »2022-01-doc5 Twenty years EU determined cross-border insolvency law!
During the last four weeks I received several references and comments on my draft-texts for 5th edition of Wessels International Insolvency Law Part I. For my descriptions of cross-border insolvency law, your views and comments were sought for India, Brazil, Australia and China. Below I am looking in my own, Dutch, mirror. Your input (cases, literature, views) will contribute to… Read More »2022-01-doc3 How are the Dutch doing with cross-border insolvency law?
The last few weeks I have asked your input on several country’s status re cross-border insolvency law. Your views and comments were sought for India, Brazil and Australia. This time it’s China. Your input (cases, literature, views) will contribute to the draft text for the 5th edition of Wessels International Insolvency Law Part I. Many thanks for the improvement of… Read More »2022-01-doc2 Cross-border insolvency law in PR of China
On the first of December the European Commission published a proposal for a Regulation by the European parliament and the Council ‘… on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation’. See COM(2021) 759 final. One of the many acts is the… Read More »2021-12-doc11 Judicial cross-border cooperation goes digital!
Many people live in it or visit (and train of fly to) it: a city. Politically and legally a ‘city’ starts to beat the drum and is asking for a role in the global arena. In public international law a city has been a non-issue, until some 20 years ago. At that time a city was seen as an administrative… Read More »2021-12-doc10 A ‘city’ and its role in international law