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November 2009 – The Estonian landmark reorganisation plan was confirmed

This is the reorganisation case having deserved public attention wherein the decision of Tallinn Circuit Court of 4 September remained in force, by which the court confirmed the reorganisation plan adopted by the creditors of AS Biodiesel Paldiski on 18 May.

According to Liina-Maarja Uuemõis, attorney-at-law having represented AS Biodiesel Paldiski, several questions of principal importance related to the reorganisation proceeding were considerably clarified with the referred decision. Inter alia, the viewpoint that the law awards a decisive importance to the will of the majority of creditors in confirming the reorganisation plan, was certified with the decision and this foremost due to the fact that in case of reorganisation measures this is the set of instruments of primarily economic substance and meaning.

Also, the court has noted that the possible differences in handling the creditors are inevitable in reorganisation proceeding and that the reproaches regarding the term of fulfilment of the reorganisation plan could not be the basis for leaving the reorganisation plan non-confirmed.