Credit institutions: Winding-up proceedings can be deemed to exist and reorganisation measures can be retrospective (ECJ) | Practical Law

Credit institutions: Winding-up proceedings can be deemed to exist and reorganisation measures can be retrospective (ECJ) | Practical Law

In LBI hf v Kepler Capital Markets SA [2013] EUECJ C-85/12 (24 October 2013), the Court of Justice of the EU (ECJ) considered whether it was possible for a statute to deem to exist winding-up proceedings that would fall within the scope of the Directive on the reorganisation and winding-up of credit institutions (2001/24/EC). The ECJ also considered whether reorganisation proceedings under the same Directive could have retrospective effect.

Credit institutions: Winding-up proceedings can be deemed to exist and reorganisation measures can be retrospective (ECJ)

by Practical Law Restructuring and Insolvency
Published on 31 Oct 2013 • European Union
In LBI hf v Kepler Capital Markets SA [2013] EUECJ C-85/12 (24 October 2013), the Court of Justice of the EU (ECJ) considered whether it was possible for a statute to deem to exist winding-up proceedings that would fall within the scope of the Directive on the reorganisation and winding-up of credit institutions (2001/24/EC). The ECJ also considered whether reorganisation proceedings under the same Directive could have retrospective effect.