Problematica determinării centrului intereselor principale ale debitorului şi noul Regulament European nr. 848/2015 privind procedurile de insolvenţă
The Issue of Determination of The Debtor’s Center of Main Interests and The New European Regulation 2015/848 on Insolvency Proceedings

Summary/Abstract: The issue of determining the governing jurisdiction is essential in the cross-border insolvency proceedings, since in relation to the internationally governing court, when a main insolvency proceeding is opened, there are established the solutions applicable to other issues such as: the law applicable to the proceeding, the merits and proceeding requirements for the opening of the proceeding, the effects of the proceeding’s opening.On this basis, among the considerations that have led to the enactment of the new (EU) Regulation 2015/848 on insolvency proceedings were the deficiencies noticed in the practical application of the concept of "debtor's center of main interests" enshrined in the European law as criterion for determining the international court competent to open a cross-border insolvency proceeding.In this context, we will analyze and highlight the key issues and criteria used in determining the debtor's center of main interests in the light of the new (EU) Regulation 2015/848 on insolvency proceedings and the relevant case law related to the cross-border insolvency at European level where the determination of COMI has generated the intervention of the Court of Justice of the European Union and the amendment of the European legislation on insolvency.All these for the cases where the debtor's center of main interests is located in the European Union.

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