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2016-08-doc8 Cross-border cooperation between insolvency practitioners and courts

We Can Work It Out: Cross-border Judicial Cooperation in Insolvency Cases in the EU, is the title of a paper, which will be published in: Yves Brulard (ed.), Code de l’insolvabilité internationale, européenne et nationale. Tome 1, Bruxelles: Anthemis 2016 (forthcoming). The paper was delivered in February 2015 during an international insolvency conference in Brussels. It deals with the draft… Read More »2016-08-doc8 Cross-border cooperation between insolvency practitioners and courts

2016-08-doc2 Full text CoCo Guidelines

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 (Madrid) and myself, assisted by many others, including judges and… Read More »2016-08-doc2 Full text CoCo Guidelines

2016-07-doc9 What language to use in EU insolvency cross-border cases?

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 practitioners. Article 31 of the existing European Insolvency Regulation (EIR)… Read More »2016-07-doc9 What language to use in EU insolvency cross-border cases?

2016-06-doc7 English in the EU

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 improvement and has accepted a five-year phased plan for what… Read More »2016-06-doc7 English in the EU

2016-04-doc5 Does a tax rule bend for a rescue arrangement?

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 Tribunale di Udine). At the judges’ desk is a provision… Read More »2016-04-doc5 Does a tax rule bend for a rescue arrangement?

2016-04-doc2 Van Calster on PIL

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 Law, 2nd ed., Portland, Oregon: Hart Publishing 2016, lv +… Read More »2016-04-doc2 Van Calster on PIL

2016-04-doc1 Supreme Court of South Africa – Lagoon case

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 (once very wealthy) Irish business man Sean Dunne. In 2013,… Read More »2016-04-doc1 Supreme Court of South Africa – Lagoon case

2016-03-doc12 Insolvency mediation in the EU

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. eurofenix-63-mediation-002.pdf

2016-03-doc1 Interview in first issue of GRR

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 Commission Global Restructuring Review – 01 March 2016 Bob Wessels:… Read More »2016-03-doc1 Interview in first issue of GRR