Wessels Insolventierecht

It’s not the first time a bank has fallen foul of the European Insolvency Regulation (EIR 2015) when a foreign client came forward. See for instance my blog at https://bobwessels.nl/blog/2024-10-doc1-spanish-banks-beware-of-insolvent-dutch-nationals-with-holiday-homes/.  This time, the case concerns a German bank (Sparkasse Emsland, located in Meppen, Germany) with an appeal in the Netherlands, filed against an IP referred to as “[the trustee] q.q.… Read More »2026-03-doc3 Bank chokes on the European Insolvency Regulation

For the European Commission, 2026 began with its plan, published in October 2025, to build a more sovereign and independent Europe. The work program, entitled “Europe’s Independence Moment”, addresses current and future challenges arising from threats to the continent’s security and democracy, geopolitical tensions, as well as the risks to the EU’s economy and industry. The leading EU executives have… Read More »2026-01-26 EU Restructuring & Insolvency: What awaits us in 2026?

The European Commission, through its President Ursula von der Leyen, has launched a major drive to systematically review and simplify the EU’s 100,000-page regulatory framework. The Commission’s plan centres on the “Competitiveness Compass” with an ambitious target to cut administrative burdens by at least 25% for all businesses and 35% for SMEs. It seems a Herculean job. The Commission is… Read More »2025-11-doc1 Does Brussels’ “simplification” drive affect insolvency and restructuring law?

In Poland, R.S. took out a mortgage loan. The loan, provided by a Polish bank (G SA), was indexed in Swiss francs and was taken out by R.S. in 2007. The total amount was 489,821.63 Polish zloty (around US $ 135,000; Euro: 115.110), with a term of 360 months. R.S. was declared personally insolvent by a Polish insolvency court in… Read More »2025-10-doc1 Clash between consumer law and insolvency law – who wins?

An academic ceremony, at least in the Netherlands, is the defence of a dissertation. Once done successfully the candidate will receive a Doctor of Laws degree. This is what happened to Gert-Jan Boon at Leiden University in early July. His topic of research was the debtor in possession (DIP), a comparative legal approach based on US, EU, and Dutch restructuring… Read More »2025-09-doc2 DIP – debtor-in-possession or defective IP?

The European Insolvency Regulation (EIR 2015) dictates that its overarching definition for “insolvency proceedings” are proceedings that are listed exhaustively in Annex A. To the national procedures contained in Annex A, the EIR 2015 should apply without any further examination by the courts of another member state as to whether the conditions set out in the regulation are met, while… Read More »2025-09-doc1 Lost in translation? Annex A of the European Insolvency Regulation