NVRII / NACIIL 2024 Annual Meeting:

the ‘Insolvent Polluter Still Pays’ Principle?

Monday 10 June 2024, 14.00-17.45 (with reception afterwards)
Location: Rabobank Head Office Utrecht (VALID ID REQUIRED FOR ENTRY)

Costs: Members €50, non-members €100, (PhD)students and judges free, with limited availability (contact secretaris@nvrii.nl to request free participation)
Registration: Members via link in email, non-members, please submit form on website https://naciil.org/contact/
Drinks and snacks: Yes!


Central theme:
How should environmental claims be treated in insolvency? Although the question as to the ranking of environmental claims has been one of the more controversial issues in Dutch insolvency law in recent years, there are many other and perhaps bigger questions:

Could something like successor liability under Dutch law apply to environmental claims in case of Pre-packs? Does it matter whether a claim is based on Private Law or Public Law? Is it possible for companies to obtain discharge regarding environmental liabilities if they go through a restructuring proceeding?

Dutch restructuring law has been inspired by the US Chapter 11 (and the UK administration). US (case) law is moving away from allowing discharge under Chapter 11 of environmental liabilities. These highly consequential questions and a variety of answers will be explored from a US, European, Swedish and Dutch perspective. 


14:00 – 15:30  European, U.S. and Policy Perspective on environmental claims in insolvency
14:00 – 14:10 Introduction by chair
14:10 – 14:35 Jonatan Schytzer (Uppsala University): What If Polluters Cannot Pay? A Study of The Swedish Mining Bankruptcies

For the last two years, jur. dr Jonatan Schytzer has been conducting a research project, The Environment in Bankruptcy, funded by the Torsten Söderbergs Foundation. He is finalising a monography on this topic and is also an expert for the World Bank’s project on climate change and insolvency law

14:35 – 15.00 Michael Ohlrogge (NYU): Environmental Claims in Bankruptcy: Dischargeability, Priority, and Other Policy Responses (US experience and policy perspective)

Michael Ohlrogge (NYU) conducted groundbreaking research how the US court ruling in the Apex-case as to non-dischargeability of certain environmental liabilities resulted in firms ‘taking meaningful new precautions to reduce risks of causing catastrophic toxic chemical contamination’

15:00 – 15:30 Q&A
15:30 – 16:00 Coffee/tea break
16:00 – 17:30 The Dutch Perspective
16:00 – 16:30 Aart Jonkers and Rolef de Weijs (both UvA): Environmental claims in Dutch insolvency and reorganization procedures: who pays?
16:30 – 17:00
Marc Noldus and Daniella Strik (both Linklaters): The ESG Factor in Dutch Insolvency and Restructurings: A Debtor’s Perspective on Environmental Claims
17:00 – 17:30
17:30 – 17:45
Closing remarks/after thoughts
17:45 – 19:30 Drinks and reception


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