Examples of Insolvency Regulation in a sentence
As to what might constitute “proof to the contrary” regarding the location of a company’s COMI, the key decision is that in Re Eurofood IFSC Ltd ([2004] 4 IR 370 (Irish High Court); [2006] IESC 41 (Irish Supreme Court); [2006] Ch 508; ECJ Case C-341/04 (European Court of Justice)), given in respect of the equivalent provision in the previous EU Insolvency Regulation (Regulation (EC) No. 1346/2000).
Nevertheless, in application of the Belgian conflict of law rules and the EU Insolvency Regulation Council Regulation (EC) no.
After 31 December 2020, the provisions of the Recast EU Insolvency Regulation relating to Member States have ceased to apply to the United Kingdom.
After 31 December 2020, the provisions of the Insolvency Regulation relating to Member States have ceased to apply to the United Kingdom.
Article 3(1) of Regulation (EU) 2015/848 on Insolvency Proceedings (the "Insolvency Regulation") states that in the case of a company, the place of its registered office shall be presumed to be its centre of main interests ("COMI") in the absence of proof to the contrary and assuming the registered office has not been moved to another EU member state within the three month period prior to the request for the opening of insolvency proceedings.