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February 2013 Newsletter


The goal of our newsletter is to keep you abreast of recent legal and tax developments in the various areas where our firm has recognised expertise. If you want to subscribe to the CMS DeBacker newsletter, please send an e-mail to marketing@cms-db.com


The summary of this Newsletter’s issue is particularly varied. 

First of all, you will find an interesting decision of the Brussels Criminal Court, which condemned some managers for misuse of company assets for having a debtor current account towards the company. 

You will also find a summary of the European Commission’s decision regarding Dexia’s restructuring plan, as well as an analysis of the collective labour agreement recently adopted concerning the employment of workers aged over 45. 

Finally, statistics show that the judicial reorganization is increasingly popular with companies in difficulty. In this respect, you will find a review of two recent decisions which recall the fundamental principles in this field. 

The first decision stresses the rules the Court has to follow in case of a transfer under judicial supervision. The second refers to the collectively agreed judicial reorganization; more specifically, to the reorganization plan and the creditors’ vote on it. 

Enjoy the reading! 
Jean-François Goffin