Jens Rinze

Blogs: Brexit Legal, Restructuring Globalview

Latest Articles

Which law applies when determining the validity of an assignment of receivables cross-border?

January 23, 2020

The validity of an assignment of receivables cross-border depends on the law that applies to the assignment. What might amount to a valid assignment in one jurisdiction, does not mean, that it is valid in another and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies and therefore whether there has been a valid assignment significantly affects the ability of the assignee to rely on the assignment.…

Brexit Legal

Brexit Insight From the EU-27: Germany

By Jens Rinze

May 7, 2019

German legislators have adopted a number of Acts of Parliament in relation to Brexit both on the federal level and on the level of the 16 German states. Some of these regulate the “deal” scenario where the Withdrawal Agreement is ratified by the UK, and some of these regulate the “no-deal” scenario. The so-called Brexit Steuerbegleitgesetz (Brexit Tax Accompanying Act) was adopted on 25 March 2019 and provides for a number of tax contingency rules…

Brexit Legal

Brexit Date 29 March 2019: Countdown for shipping goods from the UK and to the UK from Asia, Americas and Africa

By Jens Rinze

February 14, 2019

Brexit is scheduled to become effective at the end of 29 March 2019 and will take place either with a Withdrawal Agreement or without one having been entered into between the UK and the EU-27. At this point in time it is possible that the Article 50 TEU notice is withdrawn by the UK Government. Whether the Brexit Date 29 March 2019 is postponed upon application of the UK and agreed with the unanimous…

Brexit Legal

No-Deal Brexit and Contemplated German Temporary Permissions Scheme for Banks, Insurers and Financial Services Providers

By Jens Rinze & Andreas Fillmann

January 14, 2019

As it stands, the UK will cease to be a member state of the European Union (EU) as of 30 March 2019. On 24 November 2018, the UK and the EU agreed to enter into a Withdrawal Agreement (the Withdrawal Agreement). The Withdrawal Agreement provides in Article 127 (6) that during a transition period from 30 March 2019 to 31 December 2020 (the Transition Period), any reference in EU law to a member state of…

Brexit Legal

No-Deal Brexit and EU Commission Approach: General Principle of No Contingency Measures for UK Economic Operators

By Jens Rinze & Matthew Kirk

January 10, 2019

As it stands, the UK will cease to be a member state of the European Union as of 30 March 2019. On 24 November 2018 the UK and the EU agreed to enter into a Withdrawal Agreement. The Withdrawal Agreement provides in Article 127 (6) that during a transition period from 30 March 2019 to 31 December 2020 any reference in EU law to a Member State of the EU shall include the UK and…

Brexit Legal

ECJ Decision on Exit from Brexit

By Jens Rinze

December 10, 2018

The ECJ rendered today, 10 December 2018, its judgement in case C 621/18 Wightman in relation to the question whether the UK can unilaterally withdraw its Brexit notice of 29 March 2017. There are three key take aways from that judgement:…

Brexit Legal

Brexit Timetable – Where will the European Court of Justice Opinion on the Draft Withdrawal Agreement fit into the equation?

By Jens Rinze

September 3, 2018

The clock is ticking! With only seven months left until the leaves the EU on 29 March 2019. With the European Council Summit on 18 October 2018 eagerly anticipated by all parties there is some expectation, that until that date it will not be resolved whether the UK and EU are able to agree on a Withdrawal Agreement, which would form the basis of the Transition Period from 30 March 2019 to 31 December 2020.…

Brexit Legal

Germany Provides Draft of Brexit Implementation Act

By Jens Rinze

July 26, 2018

On 18 July 2018, the German Department of State distributed to associations in Germany, a first ministerial draft of a German Federal Brexit Implementation Act, Brexit-Übergangsgesetz (BrexitÜG), for consultation by 8 August 2018.…

Brexit Legal

Preparing for the Withdrawal of the UK from the EU

By Jens Rinze

July 20, 2018

On 19 July 2018 the EU Commission published a paper on “Preparing for the withdrawal of the UK from the EU on 30 March 2019”. The paper deals both with a “Deal Scenario” where the EU27 and the UK enter into a binding Withdrawal Agreement prior to 29 March 2019 and also with a “No Deal Scenario” setting out the consequences of no Withdrawal Agreement being entered into. The Preparedness Paper in particular lists and…

Restructuring Globalview

Future EU Regulation proposed to address conflicts of law on the assignment of receivables

By Andreas Fillmann, Jens Rinze & Andreas Lehmann

July 9, 2018

On 12 March 2018 the European Commission published a proposal for a Regulation to govern the law applicable to the third-party effects of assignments of claims (the “Assignment Regulation”). The proposal of the Assignment Regulation adopted by the European Commission deals with which law applies to determine the effectiveness and perfection of the transfer of title – and the creation of other rights like pledges and charges – in relation to claims and receivables vis-a-vis…

Jens Rinze

Which law applies when determining the validity of an assignment of receivables cross-border?

Brexit Insight From the EU-27: Germany

Brexit Date 29 March 2019: Countdown for shipping goods from the UK and to the UK from Asia, Americas and Africa

No-Deal Brexit and Contemplated German Temporary Permissions Scheme for Banks, Insurers and Financial Services Providers

No-Deal Brexit and EU Commission Approach: General Principle of No Contingency Measures for UK Economic Operators

ECJ Decision on Exit from Brexit

Brexit Timetable – Where will the European Court of Justice Opinion on the Draft Withdrawal Agreement fit into the equation?

Germany Provides Draft of Brexit Implementation Act

Preparing for the Withdrawal of the UK from the EU

Future EU Regulation proposed to address conflicts of law on the assignment of receivables

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