Jurysdykcja krajowa w sprawach upadłościowych w prawie Unii Europejskiej
International jurisdiction in insolvency matters in EU

Summary/Abstract: In the case of cross-border insolvency proceedings the international jurisdiction in the European Union is determined by the uniform criterion that isaccording 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 abovementioned 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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