Abstract
This chapter explains how jurisdiction to open main insolvency proceedings is given to the courts of the EU Member State where a debtor has its 'centre of main interests' (COMI). It will focus on the 'COMI' concept which is at the heart of the jurisdiction to open 'main' insolvency proceedings. It critically examines how COMI is determined in the case of a group of companies and use of the 'head office functions' test in determining COMI. It also considers COMI and forum shopping i.e. the movement of persons or assets to take advantage of a more favourable legal position. It distinguishes between 'good' and 'bad' forum shopping. It also considers the determination of COMI in the case of individual debtors. The final part focuses on conflicts of jurisdiction and preservation measures.
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