Some Considerations on the Center of the Main Interests as Jurisdictional Test Under the European Insolvency Regulation

Abstract

The paper explores the concept of the 'Center of the Main Interests' which plays a key role under the European Insolvency Regulation to allocation jurisdiction in international insolvency proceedings. The paper reviews the case law of courts of EU Member States and the first cases decided by the European Court of Justice in order to draw some preliminary lessons on how to identify where the Center of the Main Interests of the debtor lies.

Keywords: International insolvency, jurisdiction, European insolvency Regulation

JEL Classification: K22