Clifford Chance
The netting decision of the German Federal Court of Justice – key issues
27 June 2016
As reported in our previous newsletter earlier this month, the decision of the German Federal Court of Justice on the invalidity of netting agreements deviating from section 104 of the German Insolvency Code has prompted immediate reactions from the market, the supervisory authorities and the German government. We are now taking a closer look at the reasoning of the BGH in the context of previous judgements and possible conclusions to be drawn from this decision.
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The netting decision of the German Federal Court of Justice – key issues
