English

The NIKI Luftfahrt saga unfolds itself rapidly. The Landesgericht of Korneuburg (in Austria) has announced on 12 January 2018 that it has opened main insolvency proceedings (‘Hauptverfahren’) for Austria’s incorporated NIKI Luftfahrt GmbH. The decision is the third episode in this airline insolvency drama in Germany/Austria, after the 8 January 2018 decision of the Landgericht Berlin. In this decision a… Read More »2018-01-doc7 COMI of NIKI Luftfahrt Act 3

On 8 January 2018 the Landgericht Berlin has, on the basis of an immediate appeal against the order of the provisional insolvency administration on the assets of NIKI Luftfahrt GmbH (under Austrian law, the debtor) overruled the decision of the District Court of Charlottenburg of 13 December 2017, confirmed by that court on 4 January 2018 (see blog/nikis-comi, with the… Read More »2018-01-doc3 NIKI’s COMI continued

From newspapers we know that NIKI Luftfahrt is in financial trouble. Attempts from third parties to buy all or a significant amount of assets are ongoing. These include takeoff- and landing slots in places such as Vienna, Munich, Palma de Mallorca and Zurich. There also is (evidently) a legal battle. Where is NIKI located? Or better: which is the cente… Read More »2018-01-doc 2 NIKI’s COMI

In England, being a liquidator or an administrator, you are an ‘officer of the court’. This generally means that a court has inherent jurisdiction to control the conduct of its ‘own’ officer if euther the procedure is being conducted by the court or the governing legislation so provides. A liquidator in a voluntary winding up, however, is not such an… Read More »2017-12-doc3 Officer of the court

In two recent Dutch court cases, the determination of the insolvent debtor’s centre of main interests (COMI) went in two distinct ways. These cases are District Court Amsterdam 12 July 2017, ECLI:NL:RBAMS:2017:5383, and District Court North-Holland 17 October 2017, ECLI:NL: RBNHO:2017:8588. In both cases the court is confronted with the alignment of Dutch (insolvency) procedural law (in the Dutch Bankruptcy… Read More »2017-10-doc10 Two recent Dutch COMI cases

Gregory Hugh Colin King is a fraudster. That’s verbatim the way the Supreme Court of Gibralter on 31 July 2017 introduces one of the first cases to which the EU Insolvency Regulation 2015 (EIR 2015) applies. King was a lawyer and a Glasgow car dealer, before becoming a hedge fund manager in Gibraltar. He is, via several of his companies… Read More »2017-10-doc7 Supreme Court of Gibraltar on COMI

In May this year (see leidenlawblog.nl) I reported that Sir Geoffrey Vos, Chancellor of the High Court of England and Wales, had approved the adoption of the JIN Guidelines, as part of the court’s Chancery Guide. The Guidelines of the Judicial Insolvency Network (JIN) aim to encourage communication and cooperation amongst national courts by pulling together the best practices in… Read More »2017-10-doc3 Chancery Guide amended