Recasting COMI: Implications And Prospects For Bankruptcy Forum Shopping Within the EU

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2017 (EN)
Recasting COMI: Implications And Prospects For Bankruptcy Forum Shopping Within the EU (EN)

Nikou, Giannoula (EN)

School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law (EN)
Masouros, Pavlos (EN)

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 (EN)

masterThesis

Recast Regulation (EN)
Forum shopping (EN)
Insolvency (EN)
COMI (EN)
Bankruptcy tourism (EN)

Διεθνές Πανεπιστήμιο της Ελλάδος (EL)
International Hellenic University (EN)

2017-05-12


IHU (EN)



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