Search results for "NIKI case."

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The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises

2019

EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…

European Union lawInsolvencyEU Regulation 2015/848 (Recast)JurisdictionGlocalizationInternational jurisdictionSettore IUS/04 - Diritto CommercialeDebtorCOMI ·Multinational group of companieTeleologyMultinational corporationPolitical Science and International RelationsMember stateNIKI case.BusinessDigital enterpriseBusiness and International ManagementLawLaw and economicsEuropean Business Organization Law Review
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