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Since 2011, the European legislator has taken a new course of action on business failure and insolvency. For a long … time, substantive harmonisation was considered unfeasible in the area of insolvency law, however, the developments over the … Insolvency Law'. In part three some observations will be made with regard to the recent developments in the EU, including a …
Persistent link: https://www.econbiz.de/10012869254
The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States … which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the … insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least — in cases where the …
Persistent link: https://www.econbiz.de/10012992874
This article overall explores the legislative changes in corporate insolvency law that occurred over the past number of … the variations that can be found in the different Member States for the harmonisation of insolvency laws movement … current changes occurring within the Community. It especially looks at the European insolvency legal framework, notably the …
Persistent link: https://www.econbiz.de/10013031915
Persistent link: https://www.econbiz.de/10012948374
The European Court of Justice has recently issued a decision on the existence of a general principle of equal treatment of minority shareholders upon a transfer of control. According to the plaintiff, from certain specific acts of EU law (such as, among others, the mandatory bid rule provided...
Persistent link: https://www.econbiz.de/10013130321
La présente note revient sur l'arrêt CJUE, 12 mai 2011, aff. C-144/10, Berliner Verkehrsbetriebe (BVG) c. JPMorgan Chase Bank NA, Frankfurt Branch. Au terme de cet arrêt, la solution suivante est posée: "une interprétation large de l'article 22, point 2, du règlement n° 44/2001, en vertu...
Persistent link: https://www.econbiz.de/10013102846
The European Union has had a uniform legal framework to transparency of major holdings and financial instruments since 2004. These provisions are to be reformed. In October 2011, the European Commission presented a proposal for a Directive to amend the Transparency Directive. This paper analyses...
Persistent link: https://www.econbiz.de/10013108074
This paper will not address the common sense response to the problem of a banking crisis that would be to prevent banks from failing. The current EU financial stability framework is addressing this task by ensuring that banks are adequately capitalised and supervised. Instead, it will examine...
Persistent link: https://www.econbiz.de/10013054165
The new EU General Data Protection Regulation (GDPR) establishes requirements (and certain incentives) for internal compliance mechanisms that do not exist in current legislation. These requirements, which will have an impact on internal processes and staffing of firms, such as the requirement...
Persistent link: https://www.econbiz.de/10012929881