Tag Archives: Restructuring Law

The EU AI Act and EU Insolvency Law

The increasing deployment of artificial intelligence in economic decision-making processes is progressively affecting insolvency-related contexts. The EU AI Act establishes a harmonised regulatory framework across the European Union; while it does not bring about any direct changes to substantive insolvency law, it fundamentally redefines the legal requirements for the use of algorithmic systems in insolvency-related … Continue Reading

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

The Italian Court Confirms that the Principle of Competitiveness in Buyer Selection During Negotiated Business Crisis Settlements cannot be Dispensed with

The negotiated settlement procedure introduced by the Italian Code of Business Crisis and Insolvency (“CCII”), is a tool designed to facilitate the recovery of financially distressed companies through consensual, out-of-court solutions. Under Article 22(1)(d) of CCII, an entrepreneur may request the Court’s authorization to transfer its business (or one or more of its branches), in … Continue Reading
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