NEWS

EARN News

EARN Annual Meeting 2024 in Amsterdam

After being guests of EARN founding member Damsté Advocaten in Enschede, the Netherlands, exactly 10 years ago, this year’s EARN meeting from 17-19 October 2024 was held at the new Amsterdam office of Damsté, our partner law firm in the Netherlands, which has grown considerably in the meantime. The…

Luxembourg: New Legislation on Business Preservation and Bankruptcy

Given that the previous bankruptcy law in Luxembourg dated back to the 20th century, it was imperative to adapt it to the modern economy. With a new law of August 7, 2023, concerning the preservation of businesses and the modernization of bankruptcy law, while also integrating the European Directive…

‘Battle of forms’ under the United Nations Convention on contracts for the International sale of goods (hereinafter referred to as: CISG)

In case contracting parties each refer to the applicability of its own general terms and conditions in the offer and acceptance, the question arises which general terms and conditions apply to the contract. Under Dutch law, this question on the so-called ‘battle of forms’ must be answered using the…

The new flexible corporation (FlexCo) in Austria

Since 1 January 2024, Austria has had one more company form: the flexible corporation “FlexCo”. The FlexCo is often regarded as a hybrid form between the two existing forms of capital company, the GmbH and the AG. It is intended to meet the requirements of start-ups for more flexibility and reduced…

Spanish Royal Decree-law 6/2023

The Spanish Royal Decree-law 6/2023 was published on 20 December 2023 and entered into force on 20th March 2024. It approves urgent measures to implement the Recovery, Transformation and Resilience Plan for the justice system, civil service, local government and patronage. Its main purpose is…

German Federal Court of Justice rows back on insolvency avoidance

After the Federal Court of Justice (BGH) had already dealt with the statutory presumption of fact in Section 133 (1) sentence 2 of the German Insolvency Code InsO in its decisions of 3 March 2022 (IX ZR 78/20) and 23 June 2022 (IX ZR 75/21), it took up this aspect again in a decision of 26 October…