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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 NOV 2011

Interedil: The latest word from Europe on COMI

Introduction

On 20 October 2011 the First Chamber of the Court of Justice of the European Union published its judgment in Case C-396/09 on the reference made by the Tribunale Ordinario di Bari in respect of Interedil Srl in liquidation. The questions raised by the Italian court concerned Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (2000) OJ L 160/1. In particular, it was necessary for the CJEU to grapple with issues concerning whether Interedil’s centre of main interests was located in England and Wales or in Italy for the purposes of Art 3(1) of the Regulation and also whether Interedil had an establishment in Italy for the purposes of Art 3(2) of the Regulation.


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