Recognition of an English Restructuring Plan in Germany

Abstract

In 2020, English restructuring law was expanded to include restructuring plan proceedings by the Corporate Insolvency and Governance Act 2020. Since then, there has been heated debate in both Germany and England as to whether such a plan (or the court's decision to confirm the plan) is recognisable in Germany. This article takes a recent decision by the Frankfurt Regional Court as an opportunity to argue in favour of recognition as insolvency proceedings under sec. 343 of the German Insolvency Act (InsO),[1] or alternatively as a civil court decision under sec. 328 of the Code of Civil Procedure (ZPO).[2]

[1] English translation available at https://www.gesetze-im-internet.de/englisch_inso/index.html (last accessed on 8 December 2025).

[2] English translation available at https://www.gesetze-im-internet.de/englisch_zpo/index.html (last accessed on 8 December 2025).