Die Restrukturierungsempfehlung der EU-Kommission und das deutsche Restrukturierungsrecht (The Restructuring Recommendation of the EU Commission and German Insolvency Law)

Author(s):  
Horst Eidenmueller
Keyword(s):  
2019 ◽  
Author(s):  
Henrik Heß

The EU Commission has presented a very controversial proposal for a directive aimed at harmonising restructuring standards throughout Europe, whose focus is on preventive, out-of-court restructuring procedures. This is the first monographic study to provide information about the draft directive. It presents extremely up-to-date, detailed and critical information on the proposed individual regulations, embeds them in a European and German context and offers concrete implementation proposals for German legislators. Although the final version of the directive is not yet available, this analysis already shows that the future restructuring framework will have a huge impact on the German insolvency system. Therefore, not only must scientists and German lawmakers deal with this proposal in good time, but so must businesses in general and above all practitioners in the field of restructuring and insolvency law.


Foods ◽  
2019 ◽  
Vol 8 (5) ◽  
pp. 150 ◽  
Author(s):  
Francesca Debegnach ◽  
Simona Patriarca ◽  
Carlo Brera ◽  
Emanuela Gregori ◽  
Elisa Sonego ◽  
...  

Genus Claviceps is a plant pathogen able to produce a group of toxins, ergot alkaloids (EAs), whose effects have been known since the Middle Ages (ergotism). Claviceps purpurea is the most important representative specie, known to infect more than 400 monocotyledonous plants including economically important cereal grains (e.g., rye, wheat, triticale). EAs are not regulated as such. Maximum limits are in the pipeline of the EU Commission while at present ergot sclerotia content is set by the Regulation (EC) No. 1881/2006 in unprocessed cereals (0.05% as a maximum). This study aimed to investigate the presence of the six principal EAs (ergometrine, ergosine, ergocornine, α-ergocryptine, ergotamine and ergocristine) and their relative epimers (-inine forms) in rye- and wheat-based products. Of the samples, 85% resulted positive for at least one of the EAs. Wheat bread was the product with the highest number of positivity (56%), followed by wheat flour (26%). Rye and wheat bread samples showed the highest values when the sum of the EAs was considered, and durum wheat bread was the more contaminated sample (1142.6 μg/kg). These results suggest that ongoing monitoring of EAs in food products is critical until maximum limits are set.


Author(s):  
Emilie Ghio ◽  
Gert‐Jan Boon ◽  
David Ehmke ◽  
Jennifer Gant ◽  
Line Langkjaer ◽  
...  
Keyword(s):  

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.


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