24.4.2025

Note to European Court of Justice April 3, 2025, JAR 2025/29

Bankruptcy proceedings follow reorganization proceedings: ovo exception applicable? Court of Justice EU April 3, 2025, No. C-431/23, ECLI:EU:C:2025:232

On July 30, 2020, at the request of Wibra Belgium nv, the enterprise court Ghent initiates a procedure of judicial reorganization and appoints three court mandataries to reorganize and transfer all or part of the company's activities. Then, on October 8, 2020, the corporate court refuses to homologate a takeover bid by Wibra Nederland bv, being the parent company. That same day, Wibra Belgium nv is declared bankrupt and the trustees transfer part of the tangible and intangible assets to Wibra Belgium bv (which was incorporated on September 30, 2020).

Continue reading?

Download the entire article as a PDF

Also interesting