Joost van Riel publishes in the TRV/RPS

For the seventh issue of Tijdschrift voor rechtspersoon en vennootschap / Review pratique des sociétés (TRV/RPS 2016) Joost van Riel annotated a decision of the Belgian Constitutional Court of 9 June 2016, on the protection of creditors in the event of a capital reduction (on this decision also see our earlier newsflash).

The Constitutional Court decided that the law which offers protection to creditors with a disputed claim against an NV, in that case, without offering the same protection for disputed claims against a BVBA, violates the constitutional principle of equality. The author agrees with the decision, but at the same time points out similar inequalities that the legislature (also) failed to address.

For more information on this topic, you can consult Joost van Riel.