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Joachim Ponseck

Joachim Ponseck has ten years of work experience in restructuring and insolvency law. He started his career in the R&I team of a magic circle law firm where he held the position of counsel before joining Baker McKenzie as a partner in 2021. With a very international focus during his studies and his career, Joachim advises clients worldwide in relation to issues related to German and European insolvency law.

All 27 EU member states must implement the European Restructuring Directive of 20 June 2019 by 17 July 2021. The Directive was in part a reaction to the phenomenon observed with continental European companies in a financial crisis to restructure their debt under an English Scheme of Arrangement. The Scheme of Arrangement, which is not an insolvency process, offers the possibility to implement a debt restructuring on the basis of a majority decision by the creditors. Under these rules, a single “hold-out” creditor is unable to block a reasonable restructuring plan if the majority of creditors approves it.