Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog. Last year saw the introduction of the Dutch Scheme (we refer to our previous blogs for further details on the Dutch Scheme). The Dutch Scheme provides for two types of … Read more
On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the “Dutch Scheme“) came into effect. At time of writing (25 February 2021), the Dutch courts have rendered 10 judgments in connection with the Dutch Scheme. This blog provides you with the highlights of this case law. 1. General observations Based on the information … Read more
On 6 February 2019, the European Court of Justice (“CJEU“) ruled that the Peeters/Gatzen claim falls within the scope of Regulation Brussels I (recast) (Regulation (EU) 1215/2012) (“Brussels I“) and therefore the Regulation on Insolvency Proceedings (Regulation (EU) 2015/848) (“Insolvency Regulation“) does not apply (ECLI:EU:C:2019:96). This ruling provides an answer to the preliminary questions asked by the Dutch Supreme Court … Read more
1. Introduction The Amsterdam District Court requested a preliminary ruling with regard to turnover tax incurred as a consequence of a sale taking place by way of summary execution (Amsterdam District Court 5 July 2017, ECLI:NL:RBAMS:2017:4726, answered by the Supreme Court on 15 December 2017, ECLI:NL:HR:2017:3149). 2. Facts Geddes & Gilmore Retail B.V. and Geddes & Gilmore Wholesale B.V. (together … Read more
Introduction On 17 November 2017, the Supreme Court confirmed the existing case law that if employees are entitled to payment in cash for unused leave due to the bankruptcy of their employer, such claims are considered to be estate debts, regardless of when the entitlement to such leave accrued (ECLI:NL:HR:2017:2907). This ruling was given as a response to a request … Read more
On 24 November 2017, the Dutch Supreme Court ruled that in the event a suspension of payments is converted into a bankruptcy, interest that accrues after the suspension of payments was granted, but before the debtor was declared bankrupt, can be presented to the bankruptcy trustee for verification (HR 24 November 2017, ECLI:NL:HR:2017:2991). The reason for this ruling was a … Read more
On 1 September 2017, the Dutch Supreme Court ruled that the appeal period ends three months after the day on which the court has given its judgment, at the end of the day with the same number as the day on which the judgment was given (ECLI:NL:HR:2017:2225). However, when the appeal period of three months expires in a month that … Read more