EIR

Question 1

Apcoa

Answer 1

schemes of arrangement, reorganisation of debt, Anerkennungsprognose

English judge: arguendo jurisdiction on the basis of art 4 BIa –> parties need to give a report that judgment will be accepted in relevant jurisdictions

Question 2

Google Spain

Answer 2

natural person can be just as insolvent as a corporation

right to be forgotten

Question 3

Nortel Networks

Answer 3

pigeon tailing EIR and BIa
= it needs to be one or the other
>< prof: wrong

Question 4

Peeters/Gatzen

Answer 4

suit that an insolvency practitioner tends to bring that is based on general duty of care (not insolvency law)

CJEU: Gatzen suit is caught by BIa and Rome II

Question 5

ING Bank v. Eurocontrol

Answer 5

Belgian SC suggested a bilateral treaty with UK post-Brexit might be resurrected

Question 6

X v. Juno Holdings

Answer 6

Netherlands-UK
bilateral treaty had been removed from international legal order

Question 7

AGPS BondCo

Answer 7

English COA held that it wasn’t sure whether the use of the newly incorporated debt (reorganised) is possible under BIa or their own jurisdictional basis

Question 8

Project Lietzenburger Strabe Holdco

Answer 8

German courts would likely recognise English Restructuring Plan is if it were Annex A

COMI move probably accepted by German courts

Question 9

Seagon

Answer 9

secondary proceedings (art 6 EIR)
- court with jurisdiction under EIR also has jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them

Question 10

Eurofood

Answer 10

COMI needs to be determined per corporation
presumption of COMI applies for each SPV individually

Question 11

Lehmann brothers

Answer 11

different proceedings in different countries
COMI presumption applied to each corporation individually