In continuity with Regulation (EC) No. 1346/2000 on insolvency proceedings, Regulation (EU) 2015/848 makes use of the center of the main interests («COMI») of the debtor as a basis of jurisdiction for the main proceedings and as a criterion for its applicability. The COMI constitutes a basis of jurisdiction also in the Italian Insolvency and Business Crisis Code. Assessing where the COMI lies is not an easy task, largely due to its factual nature. Moreover, its mobile character risks triggering fraudulent or abusive forum shopping on the part of the debtor. Against the backdrop of the case law of the European Court of Justice and of Regulation 2015/848, the paper addresses the main features of the COMI’s functioning, concluding with some critical remarks on the novelties in the Italian system of jurisdiction concerning insolvency matters.
Il centro degli interessi principali del debitore tra regolamento (UE) 2015/848 e codice della crisi d'impresa e dell'insolvenza
Antonio Leandro
2020-01-01
Abstract
In continuity with Regulation (EC) No. 1346/2000 on insolvency proceedings, Regulation (EU) 2015/848 makes use of the center of the main interests («COMI») of the debtor as a basis of jurisdiction for the main proceedings and as a criterion for its applicability. The COMI constitutes a basis of jurisdiction also in the Italian Insolvency and Business Crisis Code. Assessing where the COMI lies is not an easy task, largely due to its factual nature. Moreover, its mobile character risks triggering fraudulent or abusive forum shopping on the part of the debtor. Against the backdrop of the case law of the European Court of Justice and of Regulation 2015/848, the paper addresses the main features of the COMI’s functioning, concluding with some critical remarks on the novelties in the Italian system of jurisdiction concerning insolvency matters.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
