Tag Archives: German law

English Part 26A Restructuring Plans no longer recognised in Germany in respect of German law governed debt held by German creditors

In a judgment of 9 July 2025 the Landgericht Frankfurt am Main (District Court of Frankfurt am Main) held (case 2-12 O 239/24) that a Part 26A plan sanctioned by the English High Court is not enforceable in Germany and that accordingly the affected German dissenting lender was entitled to sue the plan company, i.e. … Continue Reading

Institutions Failing or Likely to Fail – New EBA Guidelines

The European Banking Association (EBA) issued Guidelines on 26 May 2015 regarding the circumstances under which an institution is considered to be failing or likely to fail according to Article 32(6) of Directive  2014/59/EU.  Such Guidelines take effect on 1 January 2016 and were issued pursuant to Article 32(6), which directed the EBA to issue these … Continue Reading
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