Introduction

2019 ◽  
pp. 1-7
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
The Netherlands ◽  
European Level ◽  
Ideal World ◽  
Normative Foundation ◽  
Insolvency Proceedings

This first chapter provides an overview of the aims of the book. The main objectives of this text are to develop a normative foundation for pre-insolvency proceedings, outline the fundamental principles that underlie a pre-insolvency plan procedure, and set out a framework that outlines what a pre-insolvency plan procedure should resemble in an ideal world. The chapter anticipates the content of the subsequent chapters in the book and then looks at terminology. It defines terms such as plan, plan procedures, insolvency, bankruptcy, liquidation, pre-insolvency, and pre-insolvency proceedings. The chapter outlines pending legislative initiatives seeking to introduce pre-insolvency proceedings both in the Netherlands and at the European level.

Pre-Insolvency Proceedings

2019 ◽  
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Comparative Analysis ◽  
Class Composition ◽  
Normative Foundation ◽  
The Us ◽  
Insolvency Proceedings ◽  
Comprehensive Discussion

This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It deals with all-important issues such as class composition, cross-class cramdown, and valuation. A comparative analysis and critique of UK schemes of arrangement and the US Chapter 11 procedure is also included, identifying the strengths and weaknesses of each.

scholarly journals Regulatory Experimentation in Energy: Three Pioneer Countries and Lessons for the Green Transition

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Tim Schittekatte ◽  
Leonardo Meeus ◽  
Tooraj Jamasb ◽  
Manuel Llorca
Keyword(s):  
Great Britain ◽  
The Netherlands ◽  
Business Models ◽  
New Products ◽  
Real Life ◽  
Energy Sector ◽  
European Level ◽  
Life Testing ◽  
Look Ahead ◽  
Six Dimensions

Regulation cannot always move as fast as innovation. Regulatory experiments enable real-life testing of new products, services or business models by allowing derogations from existing rules while maintaining the protection of energy consumers. The outcomes of these experiments inform future regulation. In this chapter, we discuss the experiences with regulatory experimentation in the energy sector of three pioneering countries: the Netherlands, Great Britain and Italy. We compare the implementations along six dimensions: eligible project promoters, scope of the derogations, length of the derogations, administration of the experiments, funding, and transparency. We also describe how the early approaches have evolved in these countries. Finally, we look ahead and discuss how learnings can be applied to enable experimentation at the European level involving technologies that are expected to become important to enable the green transition.

scholarly journals 12 National Report for the Netherlands

2016 ◽  
Author(s):  
Faber Dennis ◽  
Vermunt Niels
Keyword(s):  
The Netherlands ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in the Netherlands. It deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings. In essence, holders of insolvency claims (‘insolvency creditors’) are entitled to the liquidation proceeds of the debtor’s insolvency estate after the full discharge of the administration claims. Insolvency creditors (except secured creditors) can only pursue payment by submitting their claims for admission in the proceedings. Administration claims have to be satisfied in priority to insolvency claims and need not be submitted in the claims verification procedure. Holders of such claims (‘administration creditors’) can take recourse against assets comprised in the insolvency estate. Holders of non-enforceable claims can only seek recourse after the insolvency proceedings are terminated (provided that the debtor continues to exist).

Last best: experiences of Dutch European works councils

1999 ◽  
Vol 5 (3) ◽  
pp. 302-319 ◽  
Author(s):  
Ulke Veersma
Keyword(s):  
The Netherlands ◽  
Multinational Corporations ◽  
Information Disclosure ◽  
Comparative Research ◽  
Industrial Relations ◽  
National Level ◽  
European Level ◽  
Works Councils ◽  
High Standards ◽  
Enterprise Policy

Dutch works councils are bodies of workers' representation that are equipped to influence enterprise policy at the national level. Possibilities for information disclosure, training and for the resolution of disputes through the court are. in broad terms, well established. The introduction of European Works Councils (EWC)1, however, look more time than in other countries. Nevertheless, the Directive has had its effects in the Netherlands since the first EWC was installed at the ING bank in April 1996. EWCs now operate in many Multinational Corporations (MNCs). In this article the first experiences of European Works Councils (EWCs) are reported. EWCs were surveyed on, among other things, the main impediments to their effective functioning at the European level, Furthermore, the article addresses the question of what strategies are being developed. Dutch MNCs appear to be generally behind with the establishment of EWCs. Another general conclusion of the survey is that, with the establishment of the EWC, different elements of industrial relations from other countries are being introduced, which can be seen as a first step towards the europeanisation of the system of national works councils in the Netherlands. It has yet to be seen if Dutch works councils will be able to maintain their relatively high standards, and possibly raise them to match those of other European countries, or whether a downgrading harmonisation has been put into force. More comparative research, which has to cover a longer period of lime, is required to point out whether the last will be the best at the European level.

Pre-Insolvency Proceedings: Objective and Justification

2019 ◽  
pp. 38-80
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Boundary Conditions ◽  
Market Value ◽  
Normative Foundation ◽  
Fair Market ◽  
Insolvency Proceedings ◽  
Debt Enforcement ◽  
Fair Market Value

This chapter starts with a brief outline of the pre-insolvency plan in the conceptual form proposed in this book. It then goes on to develop a normative foundation for pre-insolvency proceedings and formulates the boundary conditions that must be satisfied for their application. As part of the analysis the concepts of fair market value and liquidation value are examined and the differences between price and value are discussed. The chapter explains why pre-insolvency proceedings are to be conceived as a collective debt enforcement instrument of the creditors rather than a rehabilitation instrument of the debtor. The chapter concludes by defining pre-insolvency as the stage at which insolvency has become inevitable and argues that this is the earliest possible triggering event for the use of a collective enforcement procedure, such as the plan mechanism in the proposed form.

scholarly journals Advancing E-Roaming in Europe: Towards a Single “Language” for the European Charging Infrastructure

2018 ◽  
Vol 9 (4) ◽  
pp. 50 ◽  
Author(s):  
Roland Ferwerda ◽  
Michel Bayings ◽  
Mart van der Kam ◽  
Rudi Bekkers
Keyword(s):  
The Netherlands ◽  
Best Practices ◽  
Comparative Study ◽  
Electric Vehicles ◽  
European Level ◽  
Charging Infrastructure ◽  
The Past ◽  
Cross Border ◽  
Open Standards ◽  
Charge Point

The E.U. market for electric vehicles (EVs) is growing significantly, but the absence of widely adopted protocols and interoperability standards for charging hinders the development of cross-border EV travel (“e-roaming”). In this paper, we present our vision on what should be the basic functionalities of e-roaming. Furthermore, we describe the best practices of 6 years of e-roaming in the Netherlands, and analyze what can be learned from other sectors that were successful in introducing roaming mechanisms in the past. We translate these into proposed next steps, such as the need for piloting e-roaming on a European level using open standards, such as Open Charge Point Interface (OCPI). We conclude with a proposal for a comparative study of protocols to pave the way for future convergence, and, thus, facilitate a European market for EV products and services.

scholarly journals National Report for the Netherlands

2012 ◽  
Keyword(s):  
The Netherlands ◽  
First Principles ◽  
Insolvency Law ◽  
Law System ◽  
National Report ◽  
Insolvency Proceedings

The first principles of insolvency law applicable in a sovereign Dutch nation can be traced back to the Ordinance of Antwerp of 28 January 1515. As a predecessor of insolvency legislation elsewhere in Europe, the Ordinance contained core principles and features still deemed fundamental to a modern insolvency law system (e.g. the collective nature of the insolvency proceedings, the appointment of an insolvency administrator, the prohibition against concealing property of the debtor, the application of the pari passu principle and the existence of preferential debts).

Framework for a Pre-Insolvency Plan Procedure

2019 ◽  
pp. 188-250
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Third Party ◽  
Ideal World ◽  
Lessons Learnt ◽  
The Us ◽  
Key Features ◽  
The Right ◽  
High Level ◽  
Insolvency Proceedings

This chapter provides a high-level outline of what pre-insolvency proceedings might look like in an ideal world, drawing from the discussion in the previous chapters and the lessons learnt from the US Chapter 11 procedure and the English scheme of arrangement. It outlines the general characteristics of the procedure and required flanking measures. These include speed and efficiency, flexibility, a temporary stay, provision to reject burdensome and retain valuable contracts, and the ability of the court to make early determinations. Key features of the proposed plan mechanism are then discussed, including entry to the procedure, the right to propose a plan, the appointment of a supervisor, the commercial content of the plan, the voting in class, acceptance of the plan, and the criteria for confirmation and cramdown. It also considers the ability to deal with third-party liabilities and disputed claims. Finally, it looks at the relevance of the proposed procedure in practice and the remaining need for efficient liquidation procedures.

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