Recent Judgement of the Frankfurt Regional Court on the Recognition of a Part 26A Restructuring Plan in Germany – No Impact for Schemes of Arrangement

Dr. Mathias Eisen, Ian Wallace, Dr. Marlene Ruf, and Alexander Theisen of Milbank analyse a Frankfurt Regional Court ruling that declined to recognise an English Part 26A restructuring plan in Germany, stressing that while the decision (which is still provisional and subject to appeal) may create uncertainty for recognition of Part 26A plans, Schemes of Arrangement under Part 26 remain unaffected due to protection under the Hague Conventions.

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