International jurisdiction and main proceedings

Bob Wessels and Defne Taşman

Chapter 5 in The European Insolvency Regulation, 2026, pp 32-42 from Edward Elgar Publishing

Abstract: Main insolvency proceedings are intrinsically connected to the debtor's COMI. The EIR 2015 defines the COMI as the place where the debtor conducts the administration of its interests on a regular basis, which is ascertainable by third parties. The COMI definition is autonomous, meaning that it is interpreted uniformly and independently of national legislation. CJEU case law shapes the contours of the COMI concept. To make the COMI predictable, the CJEU and EIR provide (rebuttable) presumptions for its location. The element of ascertainability is linked to time, as the debtor's activities must be regular and sustained, subject to temporal limitations, with the aim of curbing abusive COMI relocations. The Member State in which the debtor's COMI is located has exclusive jurisdiction to open main insolvency proceedings, with an EU-wide scope and automatic recognition extending to all the debtor's assets within the Union, which includes actions deriving directly from and closely connected with those proceedings.

Keywords: Main Proceedings; COMI; Rebuttable Presumption; Automatic Recognition; Autonomous Definition; Related Actions (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035396436
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035396443.00015 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:25589_5

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Jack Sweeney ().