Top-Topics
Planned new EU Late Payment Regulation under fierce fire
In September 2023, the EU Commission presented the draft for a new Late Payment Regulation, which is currently under discussion. According to the paper, the main motive is to remedy alleged deficiencies in the... read more
Federal Court of Justice rows back on insolvency avoidance
New ruling on the scope of the provision on presumptionAfter the Federal Court of Justice (BGH) had already dealt with the statutory presumption of fact in Section 133 (1) sentence 2 of the... read more
Determination of claims in the insolvency table
Informative BGH (German Federal Court of Justice) decision on responsibilities and cooperation obligations of insolvency administratorsInsolvency administrator must examine claims filed in insolvency proceedings in order to come to a decision on whether... read more
EU proposal for a directive harmonising certain aspects of insolvency laws
Further adjustments planned after implementation of the EU Restructuring DirectiveIn December 2022, the EU Commission presented a new Proposal for a Directive harmonising certain aspects of insolvency law aimed at consistently advancing efforts... read more
SanInsKG: new special rules for crisis-related insolvency law remain under the radar
COVInsAG (COVID-19 Insolvency Suspension Act) is now called SanInsKG (Restructuring and Insolvency Law Crisis Mitigation Act)With the Coronavirus crisis having now been overcome, it has been almost seamlessly replaced by an energy crisis... read more
StaRUG Restructuring Facilitation
The best way to strike a balance between creditors and debtors in the current crisis
At the end of 2020, the German Act on the Stabilisation and Restructuring Framework for Companies, in short:... read more
Avoidance of transactions in insolvency proceedings – New BGH Ruling
The ruling of the IXth Civil Senate, which is responsible for insolvency law at the Federal Supreme Court (BGH), on the so-called transaction avoidance with intent, pursuant to § 133 of the German Insolvency... read more
German Sales Law 2022: News on Warranties and Digital Products
Far-reaching changes in sales law and contracts for digital products as of 1 January 2022
The sales law regulated in the German Civil Code will be radically changed as of 1 January 2022, and... read more
COVID-19 Pandemic Act COVInsAG: Insolvency law consequences of the crisis for creditors
One of the most important parts of the COVID-19 pandemic law, which was hastily enacted by the legislator in March, is the regulations it contains for the temporary modification of insolvency law. The COVID-19... read more
SanInsFoG: EU Restructuring Directive implemented with effect from 1 January 2021
As early as 2 November 2016, the European Commission had submitted a proposal for a “Directive of the European Parliament and Council on preventive restructuring frameworks, second chance and measures to improve the efficiency... read more