English

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

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

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

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?

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

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

‘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 and companies? The applicable instrument for its release is Article… Read More »2016-03-doc2 Brexit & European Insolvency Law