The objective of the present thesis is to critically assess the effectiveness of the
enhanced concept of ‘Centre of Main Interests’, commonly referred to as COMI, as
amended by EU 2015/848 Recast Regulation on Insolvency Proceedings. To that
effect, reference shall be made to the evolution of the concept throughout EU law,
especially by way of comparison to its previous form under Regulation (EC) 1346/2000
on Insolvency Proceedings, as well as to landmark cases of ECJ case-law that shaped
its interpretation.
Furthermore, the thesis addresses the impact of the amended COMI upon
bankruptcy forum shopping within the Union and identifies the most significant reforms
brought onto the latter by the Recast Regulation. Finally, it discusses the ambitious
prospects that emerge with regard to ‘legitimate’ COMI shifts in the context of efficient
debt-restructuring procedures, which –as such- can effectively evade the preventive
scope of EU Insolvency Law.
Keywords: Insolvency, COMI, Recast Regulation, forum shopping, bankruptcy tourism
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