For the first time, the European Court of Justice addresses a case of a cross-border transfer of registered office before the filing for insolvency. The Interedil decision makes clear that the location of a debtor’ s centre of main interests (“COMI”) is to be assessed as of the moment of filing for insolvency. Furthermore, the ECJ addresses the question of the evidence required to overcome the presumption that the COMI coincides with a corporation’s registered office. However, behind these relevant cross-border insolvency issues hides a strange story of corporate mobility from Italy to England, which shows the need for further harmonization throughout the EU in the field of cross-border transfer of register offices.
The Hidden Voyage of a Dying Italian Company, from the Mediterranean Sea to Albion / Mucciarelli, Federico Maria. - In: EUROPEAN COMPANY AND FINANCIAL LAW REVIEW. - ISSN 1613-2548. - STAMPA. - 4:(2012), pp. 571-579. [10.1515/ecfr-2012-0571]
The Hidden Voyage of a Dying Italian Company, from the Mediterranean Sea to Albion
MUCCIARELLI, Federico Maria
2012
Abstract
For the first time, the European Court of Justice addresses a case of a cross-border transfer of registered office before the filing for insolvency. The Interedil decision makes clear that the location of a debtor’ s centre of main interests (“COMI”) is to be assessed as of the moment of filing for insolvency. Furthermore, the ECJ addresses the question of the evidence required to overcome the presumption that the COMI coincides with a corporation’s registered office. However, behind these relevant cross-border insolvency issues hides a strange story of corporate mobility from Italy to England, which shows the need for further harmonization throughout the EU in the field of cross-border transfer of register offices.Pubblicazioni consigliate
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