Jurisdiction(s):
European Union

Establishing COMI for corporates under the EU Recast Insolvency Regulation (Member State to Member State): jurisdiction, presumptions, case law and group considerations

Published by a LexisNexis EU Law expert

Practice notes

UK status

As of 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. For a limited period under the Withdrawal Agreement, there was an implementation phase during which EU law continued to apply to the UK. From 1 January 2021, however, the principal operative elements of Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] concerning automatic recognition no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States nevertheless keep applying the EU Recast Regulation on Insolvency where its conditions are fulfilled, and this note considers its operation between those Member States...

Recast Regulation on Insolvency

The EU Recast Regulation on Insolvency introduced major changes to the EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EU Regulation on Insolvency). For the complete text of the EU Recast Regulation on Insolvency, click here. Although it entered into force on 26 June 2015, most provisions only took effect from 26 June 2017, allowing Member States time to familiarise themselves with the new framework. The EC Regulation...

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Web page updated on 22/05/2026

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