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VGG decision provides further guidance on the use of an English Scheme to restructure a group of foreign companies

United Kingdom - September 9 2015 Following a long line of cases preceding it, the English court in Re Van Gansewinkel Groep BV (‘VGG’) has sanctioned a (solvent) English scheme of...

Peter J.M. Declercq.

The application of the banking recovery & resolution directive in practice so far

European Union - September 3 2015 In our Alert of this time last year,1 we predicted that the broad powers given under the Banking Recovery and Resolution Directive2 (the 'BRRD') to...

Peter J.M. Declercq.

Lehman Brothers International (Europe) in administration: latest High Court decisions on application of surplus proceeds in the ‘Waterfall’ series of cases

United Kingdom - August 4 2015 On 31 July 2015, the English High Court delivered its judgments in the 'Waterfall IIA' and 'Waterfall IIB' cases. The decisions are important to...

The Austrian ‘bad bank’ Heta Asset Resolution AG: a test case for the 2014 Banking Recovery and Resolution Directive?

Austria, European Union - March 13 2015 In an August 2014 Alert, we reported that (most of) the Banking Recovery and Resolution Directive ('BRRD') that was adopted on 15 May 2014 was...

Peter J.M. Declercq.

The impending First Revision to the EU Insolvency Regulation: an update

European Union - December 16 2014 The latest draft of the First Revision published on 20 Nov. 2014 indicates measured but extensive amendments to the EU Insolvency Regulation (‘EIR’)...

Peter J.M. Declercq.