Il centro degli interessi principali del debitore e il forum shopping tra regolamento (UE) 2015/848 e codice della crisi d’impresa e dell’insolvenza

Abstract

If the debtor has the center of main interests (COMI) in the EU Member State, the private international law profiles raised by an insolvency procedure are governed by regulation (EU) 2015/848. This Regulation contains some rules of safeguards aimed at preventing fraudulent or abusive forum shopping. The purpose of this work is to verify when the transfer of the registered office, the principal place of business and the habitual residence actually coincides with the transfer of the COMI and, when, instead, the change in location, integrates forum shopping phenomena. The study was also conducted in relation to the Crisis and Insolvency Code.