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Articles by Jens Rinze
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. the borrower, for repayment of a EUR 5,000,000 loan owned to it by the plan company.
Belgium’s Private Investigations Act: Is Your Internal Investigations Service in Focus?
In December 2024, the new Private Investigations Act came into force. The Act replaced the Private Detectives Act of 1991 and was long overdue, considering how much has changed in the world of private investigations. The 1991 law focused on detectives as sole practitioners, think Columbo or Magnum P.I., a world of uncertain ethics, periodic violence and grubby raincoats, most of which no longer exists outside the small screen.
Application of the Insolvency Claw-Back Barrier under Article 16 of the EU Insolvency Regulation to Cross-Border Shareholder Loans
Article 7(m) of the EU Insolvency Regulation (2015/848) provides that the law of the EU Member State in which insolvency proceedings have been commenced in respect of a company determines whether certain acts carried out prior to the commencement of insolvency proceedings, (such as payments made by the company), are void, voidable or unenforceable and may therefore be clawed back by the insolvency administrator. However, Article 16 of the same Regulation provides an exception to this.
To Resolve The Impasse Created By The Karlsruhe Court’s ECB Judgment You Need To Address What The Court Has Actually Done
Thursday, May 14, 2020 Our client alert dated 5 May explored some implications of the German Federal Constitutional Court’s decision the same day to prohibit the Bundesbank from participating in the European Central Bank’s (ECB) Public Sector Asset Purchase Programme (PSPP).
To Resolve The Impasse Created By The Karlsruhe Court’s ECB Judgment You Need To Address What The Court Has Actually Done
Our client alert dated 5 May explored some implications of the German Federal Constitutional Court’s decision the same day to prohibit the Bundesbank from participating in the European Central Bank’s (ECB) Public Sector Asset Purchase Programme (PSPP).
German Federal Constitutional Court Judgment of 5 May 2020 Prohibits Bundesbank from Participating in ECB’s Public Sector Asset Purchase Programme
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Coronavirus/COVID-19: Update Legal Issues in Germany
Wednesday, April 1, 2020 In Germany, we have received an increasing number of enquiries about the coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus”, and what organisations should be doing to mitigate the impact of the virus on their business, staff, supply chains, etc. Here is an overview of the key legal issues for businesses in Germany to consider, together with some practical steps for businesses to take.
Which Law Applies When Determining the Validity of an Assignment of Receivables Cross-Border? Update
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Which Law Applies When Determining the Validity of an Assignment of Receivables Cross-Border? Update
The validity of an assignment of receivables cross-border depends on the law that applies to the assignment. What might amount to a valid assignment in one jurisdiction does not mean that it is valid in another, and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies – and therefore whether there has been a valid assignment – significantly affects the ability of the assignee to rely on the assignment.
What should German organisations be doing to mitigate the impact of Covid-19?
What should German organisations be doing to mitigate the impact of Covid-19 on their business, staff, supply chains, etc Here is an overview of the key legal issues for businesses in Germany to consider, together with some practical steps for businesses to take. Also available in German – click here.
Which Steps Is Germany Taking To Respond To Covid-19 And Assist Potentially Stressed/Distressed Companies?
Friday, March 20, 2020 Due to its constitutional and legal system, Germany is different from a number of other countries around the world. Measures fighting the spread of COVID-19 in Germany cannot be taken at the central government level in Berlin (Bundesregierung) but have to be taken by the governments of the 16 states (Landesregierungen), which constitute the Federal Republic of Germany.
Which steps is Germany taking to respond to COVID-19 and assist potentially stressed/distressed companies?
Due to its constitutional and legal system, Germany is different from a number of other countries around the world. Measures fighting the spread of COVID-19 in Germany cannot be taken at the central government level in Berlin (Bundesregierung) but have to be taken by the governments of the 16 states (Landesregierungen), which constitute the Federal Republic of Germany.
Which Law Applies When Determining the Validity of an Assignment of Receivables Cross-Border?
Thursday, January 23, 2020 The validity of an assignment of receivables cross-border depends on the law that applies to the assignment. What might amount to a valid assignment in one jurisdiction does not mean that it is valid in another, and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies - and therefore whether there has been a valid assignment - significantly affects the ability of the assignee to rely on the assignment.
Which law applies when determining the validity of an assignment of receivables cross-border?
The validity of an assignment of receivables cross-border depends on the law that applies to the assignment. What might amount to a valid assignment in one jurisdiction, does not mean, that it is valid in another and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies and therefore whether there has been a valid assignment significantly affects the ability of the assignee to rely on the assignment.
Brexit Insight From the EU-27: Germany
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Brexit Date 29 March 2019: Countdown for shipping goods from the UK and to the UK from Asia, Americas and Africa
Thursday, February 14, 2019 Brexit is scheduled to become effective at the end of 29 March 2019 and will take place either with a Withdrawal Agreement or without one having been entered into between the UK and the EU-27. At this point in time, it is possible that the Article 50 TEU notice is withdrawn by the UK Government. Whether the Brexit Date 29 March 2019 is postponed upon application of the UK and agreed with the unanimous consent of the other 27 Member States is still undecided.
No-Deal Brexit and EU Commission Approach: General Principle of No Contingency Measures for UK Economic Operators
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
ECJ Renders Decision on UK-Unilateral Brexit Withdrawal
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Brexit Timetable – Where will the European Court of Justice Opinion on the Draft Withdrawal Agreement fit into the equation?
The clock is ticking! With only seven months left until the leaves the EU on 29 March 2019. With the European Council Summit on 18 October 2018 eagerly anticipated by all parties there is some expectation, that until that date it will not be resolved whether the UK and EU are able to agree on a Withdrawal Agreement, which would form the basis of the Transition Period from 30 March 2019 to 31 December 2020.
UK Withdrawal from the EU on 30 March 2019 Preparedness Paper Published
On 19 July 2018 the EU Commission published a paper on “Preparing for the withdrawal of the UK from the EU on 30 March 2019”. The paper deals both with a “Deal Scenario” where the EU27 and the UK enter into a binding Withdrawal Agreement prior to 29 March 2019 and also with a “No Deal Scenario” setting out the consequences of no Withdrawal Agreement being entered into.
Brexit Implementation Draft Introduced by German Dept of State
On 18 July 2018, the German Department of State distributed to associations in Germany, a first ministerial draft of a German Federal Brexit Implementation Act, Brexit-Übergangsgesetz (BrexitÜG), for consultation by 8 August 2018. The draft Act provides that the UK shall, during the proposed transition period from 30 March 2019 to 31 December 2020, be deemed to be a member state of the EU for all purposes of German Federal Law.
German Federal Civil Court strengthens Leasing Receivables Securitisation, Factoring and Asset Based Lending in the Lessor’s Insolvency
In Germany, securitization SPVs, factoring companies and asset based lenders take security over the leased assets owned by the leasing company by way of a security transfer of title. However, in all cases of a leasing company’s insolvency where the leasing company has still possession of the assets, the owner of the security in the leased assets was in the past not seen as being entitled to realise the value of the assets itself.
Brexit: Looking at Theresa May’s Florence Speech from the EU27 Perspective
From the perspective of the EU27 Theresa May’s Florence Speech does not materially change the current status of the Article 50 Withdrawal Negotiations. However, there are some take-aways which should be noted: The speech and Michael Barnier’s response made it clear that the UK will leave the EU and cease to be a Member State of the EU on 29 March 2019. From the EU’s perspective the UK is a “Third Country” as of 30 March 2019.
Brexit - Squaring Circle and involving European Court of Justice
There is a potentially irreconcilable clash of constitutional philosophies between the UK and the EU which results in certain “no go” areas on the EU side for the forthcoming Brexit negotiations.
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