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  1. 1 Studia Prawnicze

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  1. 1 Szydlo M.

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INTERNATIONAL JURISDICTION IN INSOLVENCY MATTERS IN EU (Jurysdykcja krajowa w sprawach upadlosciowych w prawie Unii Europejskiej)

100%
Szydlo M.
Studia Prawnicze
|
2009
|
issue 1-2(179-180)
125-160
EN
In the case of cross-border insolvency proceedings the international jurisdiction in the European Union is determined by the uniform criterion that is - according to Article 3 of the Regulation No 1346/2000 - the centre of a debtor's main interests (COMI). The COMI has to be understood as a place which is considered by third parties (especially by the creditors) to be the place of today's and current administration of a debtor's main activity. By choosing COMI as a relevant criterion the Community legislator wanted to ensure that international jurisdiction in insolvency matters: 1) will be situated in a place that is easily and transparently perceived (and identified) by third parties, 2) is based on circumstances that are not easily susceptible to arbitrary manipulations on the part of the debtor (so as to prevent forum shopping), and 3) is located only in one single Member State (the focus is to avoid concurrent jurisdictions). The above-mentioned values and interests are at the same time the steering principles that govern the interpretation of individual notions that are contained in the expression 'COMI' ('centre', 'main', 'interests').
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