Artikel: The New EU Regulation on Insolvency Prodeedings

In two recent Dutch court cases, the determination of the insolvent debtor’s COMI went in two distinct ways. In both cases the court is confronted with the question of the align ment of Dutch (insolvency) procedural law (in the Dutch Bankruptcy Act) and the rules regarding international jurisdiction in the EIR 2015. In the Netherlands the process of adopting local legislation is far advanced, which is necessary to fill the gap between EIR 2015 and national Dutch insolvency legislation, with procedural rules to realise that the EIR 2015 can fully function in the Dutch legal system.

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