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Plessers: The ECJ on Employee Protection in the Belgian Insolvency Landscape

On 23 January 2019, Advocate General Szpunar delivered his opinion in Plessers, a case before the European Court of Justice that concerns the protection of employees in a Belgian insolvency proceeding,...

20 February 2019

by

Frederik De Leo

C-284/16 Achmea Precludes Investor-State Dispute Settlements

In Case C-284/16 Achmea (Achmea), the European Court of Justice (ECJ) seems to once and for all establish that the legal system of the European Union (EU law)...

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Intra-EU investment arbitration post-Achmea – a look at the additional remedies offered by the ECHR and EU law

In its landmark Achmea case, the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”) between the Netherlands and Slovakia to...

by

The ECJ in 'Estro/Smallstep': The End of Pre-packs as we Know Them?

In its preliminary ruling of 22 June 2017, the ECJ held that the Dutch pre-pack does not come under the derogation in Article 5(1) of Directive 2001/23.The reasoning...

by

Frederik De Leo

Avoiding Avoidance: CJEU Endorses Freedom to Select Insolvency Avoidance Rules

For creditors, insolvency proceedings hold the promise of a peaceful afterlife. If their debtor fails to satisfy their claim, an impartial liquidator will take over and, to the extent possible...

by

Gillis Lindemans

Application and Surveillance of EEA Law by UK Courts and Authorities After Brexit

I. The UK’s EEA Membership after BrexitIn a previous article titled ‘The (Uncertain) Impact of Brexit on the United Kingdom’s Membership in the European Economic Area’, that appeared in ...

by

Heinrich Nemeczek

Theresa May’s 12 Brexit Principles - and What They Mean for Financial Services

Theresa May’s speech on Brexit covered many of the topics that were central to the Brexit referendum debate. Immigration, the European Court of Justice, and Parliamentary sovereignty all had starring...

26 January 2017

by

Latham & Watkins

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