The Insolvency Regulation constitutes a remarkable legal instrument introducing a new era on cross-border insolvencies in the EU. Corresponding to the constant request for a uniform procedural law regime to govern insolvency proceedings, the Regulation’s 1346/2000 contribution towards promoting intra-community trade is estimated as of paramount significance, since it enhanced legal certainty and predictability through the establishment of uniform criteria, determining the State courts in the place of COMI (‘center of main interests’) as the judicial authority conferred with international jurisdiction to adjudicate upon insolvency cases. However, shortcomings that have been emerged in practice called for modifications to the current framework which were finally introduced by the Recast Regulation 848/2015.
European Company Law