Revival of the Dutch pre-pack by the CJEU

The CJEU has surprisingly ruled in Heiploeg that the Dutch pre-pack can fall under the exception of Article 5(1) of the Transfer of Undertakings Directive. This may well bring about the revival of the pre-pack.

Jiahui Plomp • May 16, 2022

Putting the pre-pack into practice: A ray of light at the end of the tunnel?

The WCO I Amending Act aims to help companies with activities serving societal interests when they face financial distress. But does it create an adequate framework to solve the current issues concerning the pre-pack?

Jiahui Plomp • October 18, 2021

Getting the Dutch pre-pack done: The options after Heiploeg

Together with the emergence of the Dutch pre-packaged bankruptcy practice came the call for a legal basis to set a framework for the pre-pack. Establishing a legal basis for pre-packaged bankruptcy seemed over time to become like flogging a dead horse.

Barend Vos and Gert-Jan Boon • May 05, 2020

The intended trustee in Dutch pre-pack: from fly on the wall to spider in the web

The draft bill of the Continuity of Enterprises Act I assigns a significant role to the intended trustee in Dutch pre-pack proceedings. But what exactly is the position of this main figure and what does the job description include?

Romy Siebelink • December 02, 2019

Can the pre-pack pack its bags in the Netherlands?

After all the commotion caused by the ECJ's ruling in the FNV/Smallsteps case, everyone wants to know whether the pre-pack has any future at all. Is it game-over for the pre-pack or can it still play a meaningful role in Dutch insolvency practice?

Pauline Springorum and Rianne van Pelt • November 19, 2019

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Revival of the Dutch pre-pack by the CJEU

Putting the pre-pack into practice: A ray of light at the end of the tunnel?

Getting the Dutch pre-pack done: The options after Heiploeg

The intended trustee in Dutch pre-pack: from fly on the wall to spider in the web

Can the pre-pack pack its bags in the Netherlands?