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Supreme Court judgment on termination of lease agreements in the event of bankruptcy (Aukema Q.Q.Uni-Invest)
  • NautaDutilh
  • Netherlands
  • July 29 2011

1. Introduction Pursuant to Article 39 of the Bankruptcy Act, in the event of a lessee's bankruptcy both the lessor and the receiver have the right to prematurely terminate the lease agreement (if it is still running), with due observance of a notice period of no more than three months

Eversheds' Spotlight - the global financial services disputes and investigations (FSDI) briefing - April 2014
  • Eversheds LLP
  • European Union, France, Germany, Hong Kong, Ireland, Italy, Netherlands, Poland, Spain, United Arab Emirates, United Kingdom
  • April 17 2014

France has recently created a new role in the prosecution office, a Public Prosecutor specifically for financial offences with national jurisdiction

Features of universality principle introduced to Dutch international insolvency law
  • NautaDutilh
  • Netherlands
  • February 28 2014

In a ground-breaking decision the Supreme Court recently found that a foreign bankruptcy trustee may, in principle, exercise the powers conferred on him or her under the lex concursus (ie, the law governing the bankruptcy) in the Netherlands

Court of Appeal Arnhem-Leeuwarden: a shareholder loan does not in itself have a subordinated character
  • Stibbe
  • Netherlands
  • October 8 2015

Court of Appeal Arnhem-Leeuwarden: a shareholder loan does not in itself have a subordinated character. If subordination has not been specifically

Successive terms of employment after insolvency: an update
  • CMS Derks Star Busmann
  • Netherlands
  • March 28 2013

In the October 2012 Newsflash, we informed you about the notion of "successive terms of employment" and the consequences associated herewith. We

Supreme Court simplifies claw-back rule on funds transfers in insolvency proceedings
  • Clifford Chance LLP
  • Netherlands
  • May 8 2015

A basic principle of Dutch insolvency law is that a bankruptcy order by the court takes (retroactive) effect from 0:00 on the day on which the court

First distribution expected in Dutch bankruptcy of Lehman Brothers Treasury Co. B.V. (“LBT”)
  • Schulte Roth & Zabel LLP
  • Netherlands
  • April 3 2013

Following a consent solicitation process (unprecedented in the Netherlands) which ended on 25 January 2013, the LBT Composition Plan, as proposed by

New opportunities for secured lenders
  • NautaDutilh
  • Netherlands
  • December 4 2009

The Amsterdam District Court recently granted the holder of a pledge over the shares in the capital of Schoeller Arca Systems Services BV authorization for foreclosure on the pledge by way of a private sale

Supreme court Megapool ruling makes it easier to challenge bankruptcy clauses
  • NautaDutilh
  • Netherlands
  • July 5 2013

By way of a bankruptcy clause, parties purport to regulate the consequences of a party's bankruptcy. Typically, such a clause provides for termination

Dutch district court: employees did not maintain their rights and obligations after a transfer of an undertaking in a prepackaged administration
  • Taylor Wessing
  • European Union, Netherlands
  • October 2 2015

The Dutch shrimp factory Heiploeg was declared bankrupt in November 2014. The undertaking was relaunched immediately, as the relaunch was prepared in