Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-11-15-Speech-2-434-266"
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"en.20111115.27.2-434-266"2
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"In my opinion, when revising the regulation on insolvency proceedings, the Commission ought to focus on certain important aspects, such as widening the scope of the regulation to include those procedures in which the management remains in control of the company, as this would afford the debtor in possession a number of mechanisms to restructure his business. The centre of main interests (COMI) is the most important concept, in my opinion, since the Insolvency Regulation’s principal jurisdictional role – that of determining which court is competent to open the main proceedings and which will be the applicable law – depends on the definition of the COMI. This concept is not defined, however, and this gives rise to uncertainty. In my opinion, the definition of an establishment should include services, and not just human means and goods. Finally, the duty of communication and cooperation enshrined in the regulation should not only affect liquidators but also courts."@en1
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