Wessels Insolventierecht

In my last column in Global Restructuring Review (GRR) I submitted that the concept of the centre of main interests (COMI) remains ambiguous and is still vague. An example could be the following case. In August 2020, a German public inner-city locality of Berlin, Finanzamt Wilmersdorf, filed insolvency proceedings against a debtor, a natural person. He is the chairman of… Read More »2025-07-doc1 COMI queries continued

In my January column, I wondered what the European Commission’s agenda for restructuring and insolvency law would be for the next four years. In December 2024, the new Commission, headed by President Ursula von der Leyen, had just come into power; what are the new Commission’s insolvency plans? Last week, a tip of the veil was lifted. The new European… Read More »2025-06-doc1 EU’s working agenda for restructuring and insolvency revealed

In December 2024, the EU and Mercosur finalised negotiations for a groundbreaking EU-Mercosur partnership agreement. Mercosur stands for ‘El Mercado Común del Sur’ (Common Market of the Southern Cone or The Southern Common Market) and was established in 1991. Its members are Argentina, Brazil, Paraguay and Uruguay. The central goal of Mercosur is to create a common economic market. President… Read More »2025-05-doc1 Is the EU-Mercosur partnership agreement missing a link?

Can cryptocurrencies be taxed? My eye fell on a case of 25 April this year from the Netherlands Supreme Court (Tax Chambers) A taxpayer (X) believes that cryptocurrencies (in this case bitcoins and altcoins) are not ‘property rights’ (‘vermogensrechten’) and are therefore not to be taxed as income (in the meaning of Box 3 Dutch Income Tax). After the Tax… Read More »2025-04-doc2 Cryptocurrencies ‘property right?, and the Dutch Tax man

EU member states’ different and unharmonized insolvency and restructuring laws have long been regarded as one of the greatest obstacles to the free movement of capital in the EU. That is within the EU in general and to cross-border investments from third countries. On 7 December 2022, the European Commission published a proposal for a Directive harmonising certain aspects of… Read More »2025-04-doc1 The European pre-pack is slowly being unpacked

European policies can influence current and new initiatives for EU regulations. What does 2025 have in store? On 27 November 2024, the European Parliament voted in favour of a new College of Commissioners proposed by President Ursula von der Leyen at the start of her second term as head of the European Commission. It was, however, not a clear win.… Read More »2025-02-doc1 Insolvency and restructuring: what will the European Commission be doing in 2025?

Former European Central Bank president Mario Draghi published in September 2024 his longawaited report, “The future of European competitiveness”.  It sets out its already widely discussed competitiveness strategy for Europe. Draghi, who  became known as the saviour of the Euro during the Euro crisis, has proposed the creation of an Innovative European Company, the status of which would provide companies… Read More »2025-01-doc1 Towards a new EU-wide legal statute for an Innovative European Company

At the end of October, a Dutch court dismissed a claim by a group of affected shareholders of Brazilian oil company Petrobras, ending a case that has been spanning for some 10 years. The shareholders will not receive compensation for price drops (“koersverlies”) caused by a bribery scandal in the multi-year, mass claims case. In this case, investors claimed damages… Read More »2024-12-doc5 Dutch court rules on foreign directors’ liability in landmark Petrobras case