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Plessers: the ECJ on a Killing Spree in the Belgian Insolvency Landscape?

Date: 25/01/2019
Subject: International & European law
Written by: CFL

On 23/01 latest, Advocate General (AG) Szpunar delivered his opinion in Plessers (C-509/17), a case before the European Court of Justice (ECJ) that concerns the protection of employees in one of the Belgian insolvency proceedings, i.e. the judicial reorganisation by transfer under judicial supervision/gerechtelijke reorganisatie door overdracht onder gerechtelijk gezag. If the ECJ follows the interpretation by AG Szpunar of Articles 3-5 of Council Directive 2001/23/EC, the referring court would have almost no other option ..

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