Centre of a debtor individual person’s main interests on Regulation (EU) 2015/848 on insolvency proceedings

Abstract

Regulation (EU)848/2015 has integrated new guidelines to delimit the centre of a
debtor’s main interests which will determine the international jurisdiction for the purpose of opening international insolvency proceedings. This paper will examine whether the developments introduced help to reduce the presents obstacles to identifying the centre of main interests in cases involving a private debtor. Concerning Judgment of the European Court of Justice of 16 July 2020, case C 253/19, Novo Banco, we realise that the presumption established by the Regulation to determine the centre of main interests in favour of the main centre of activity or habitual residence is not operational if it is not accompanied by a concrete delimitation of the concept of debtor and habitual residence.