Vol 22 (2025) - Issue 1

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Why a Sanction Order Pursuant to Part 26A UK CA Cannot Be Recognised in Germany: Part Two

Synopsis
In the previous issue, the first part of our series of papers set out the reasons why restructuring plans under Part 26A UK CA qualify as preventive restructuring frame works in Germany and why neither German international restructuring law nor German international insolvency law provide a legal basis for the recognition of a sanction order pursuant to Sections 901F et seq. of Part 26A UK CA in Germany. In this issue, the examination goes beyond German international insolvency law. The second part of this series of papers will review whether German civil procedural law or international law provides a sufficiently suitable basis for recognition of a sanction order stemming from Part 26A UK CA.
Recent cases before the High Court of Justice of England and Wales involving companies incorporated in Germany or with assets in Germany which opted for a restructuring undertaking in England require answers to these recognition questions.