Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Van Bael & Bellis ordered by Published Date Descending.
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Increased Employee Protection In Belgian Insolvency Proceedings By Transfer Of Undertakings
On 23 April 2012, Echo NV entered into a judicial reorganisation proceeding.
European Union
11 Jul 2019
Court Of Justice Of European Union Provides Guidance Regarding Applicable Law In Proceedings Against Insolvent Debtors
Contrary to Portuguese law, the application of Luxembourg law would not have resulted in the termination of the pending lawsuits.
European Union
3 Sep 2018
Supreme Court Clarifies Liability Of Shadow Directors For Late Filing For Bankruptcy
In doing so, the Supreme Court rejected the argument put forward by the defendants that it had equated the requirement for criminal intent with a mere violation of the fiduciary duties of the directors.
European Union
6 Mar 2018
Belgium- Reform Of Belgian Insolvency Law
On 13 July 2017, the Chamber of Representatives of the federal Parliament adopted in plenary session the Bill introducing a new Book XX "Insolvency of undertakings" into the Code of Economic Law ...
European Union
13 Sep 2017
New Legislative Framework For Judicial Liquidation Of Companies
On 4 May 2017, the federal Parliament adopted a new law which introduces extensive changes to the procedure of judicial liquidation of companies.
European Union
16 Jun 2017
Cross-Border Debt Recovery: European Account Preservation Order Becomes Applicable
On 18 January 2017, nearly three years after its entry into force, Regulation 655/2014 of 15 May 2014 establishing an EAPO procedure to facilitate cross-border debt recovery in...
European Union
27 Feb 2017
Belgian Constitutional Court Issues Two Judgments On Position Of Tax Claims Under Law On Continuity Of Enterprises
In two judgments, dated 18 February 2016 and 24 March 2016, the Constitutional Court decided on the constitutionality of two provisions of the Law of 31 January 2009 on the Continuity of Enterprises.
17 May 2016
Court With Jurisdiction Over Main Insolvency Proceedings Also Competent To Rule On "Actio Pauliana", Even Against Non-EU Defendants
On 4 December 2014, the Court of Justice of the European Union answered a preliminary question from the Landgericht Darmstadt in the case H. vs. H.K. (Case C-295/13).
European Union
9 Jan 2015
European Commission Submits Proposal To Modernise EU Insolvency Law
On 12 December 2012, the European Commission submitted a proposal for a Regulation to amend Regulation (EC) No 1346/2000 on insolvency proceedings.
European Union
14 Jan 2013
General Court Partly Annuls European Commission Decision On Restructuring Aid Granted To ING On Account Of The Financial Crisis
On 2 March 2012, the General Court ("GC") has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis.
European Union
3 Apr 2012
No Legal Actions Against Liquidator Of Company Without Assets
In its decision of 3 March 2011, the Liège Court of Appeal declared an action against the liquidator of a limited liability company C. (hereinafter the "Company") (i) inadmissible with respect to the action against the liquidator in his official function; and (ii) without merit with respect to the action against the liquidator in his personal capacity.
19 Sep 2011
Belgian Commercial Court Establishes Incompatibility Between Task Of External Accountant And Liquidator
On 28 December 2010, the Leuven Commercial Court handed down a judgment in application of Article 184 of the Belgian Companies’ Code governing the appointment of a liquidator in the event of the dissolution of a company.
31 Aug 2011
VBB on Belgian Business Law
In a judgment dated 16 February 2010, the Antwerp Commercial Court held that, for a company to be appointed as liquidator (vereffenaar/liquidateur), its corporate purpose (maatschappelijk doel/objet social) should contain an explicit reference to the activity of a liquidator.
18 Jan 2011
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