Forum shopping in the context of the European Insolvency Regulation and Freedom of Establishment post Interedil - C 396/09

Sammanfattning: Where debtors seek to open insolvency proceedings in a Member State that have the most favourable insolvency regime it is referred to as "forum shopping". According to Article 3 (1) in conjunction with Article 4 of the European Insolvency Regulation the appropriate jurisdiction and the applicable law are determined by the core element of the Regulation the debtor´s "centre of main interests": the law follows the venue and the venue follows the COMI. The landmark decisions Staubitz-Schreiber and Eurofood have recently been supplemented by two cases in which the CJEU provides further guidance on the interpretation of the notion "COMI". This thesis aims at examining to what extent forum shopping in the European landscape of cross-border insolvency procedures with regards to companies is possibble and admissible. Special focus is given to the interplay between the COMI-concept with particular consideration to the rulings of the CJEU in Interedil and Rastelli,the notion forum shopping,abuse of rights and the freedom of establishment.