12 months of Corporate Finance Lab, 12 cases by the European Court of Justice

This blog celebrates today its first anniversary. Quite a few of the over 200 blogposts were in English. Many posts flagged and/or discussed, often ahead of the herd, cases by the European Court of Justice:

  • the Panayi Trust case on freedom of establishment of trusts, which shouldn’t have come as a surprise to readers who had read the posts on the Olsen case of the EFTA court;
  • the Marco Tronchetti Provera SpA case on price adjustments in mandatory bids in case of collusion;
  • the Vinyls case on freedom to contract around avoidance (‘actio pauliana’) rules;
  • the Estro/Smallstep case on the Dutch pre-pack, which sank the Belgian draft pre-pack rules (but apparently not the Dutch);
  • the case on the prosecution against Orsi and Baldetti on the question whether  ‘ne bis in idem’ apply when company and representative are ;punished for the same offence;
  • the pending Polbud case on corporate mobility in which the opinion of the AG seems to prescribe a dose of ‘real seat’ (in general this blog has kept a close eye on the debate on freedom of choice in corporate law);
  • as part of that debate: the Kornhaas case on insolvency rules (determined by the law of the COMI) which were typically found in company law (such as rules on directors’ liability);
  • the Arco case (in Dutch) on the Belgian attempt to expand the deposit guarantee system to financial cooperatives;
  • the Dowling case on the position of shareholders (of institutions of systemic importance) in times of financial crisis;
  • the Enefi case on the increasingly dominant nature of the main procedure under the Insolvency Regulation; and
  • the SCI Senior Home case on he rights in rem of creditors or third parties in respect of tangible or intangible, moveable or immoveable assets belonging to the debtor which are situated within the territory of another Member State.

 

 

 

Author: Joeri Vananroye

Professor of economic analysis of law (KU Leuven), attorney (Quinz)

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