IIL: Types of Proceeding

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Last updated: May 21, 2025

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Three types of proceeding	Main
	Secondary
	Territorial
Main
What is COMI	Centre of Main Interest
What are the criteria for identifying	Objective and ascertainable
What are the criteria for identifying	(To) Third parties
What case defined this	Eurofood (2006)
Why is the presumption of COMI	Registered office
Territorial
Objectives	Protect local interests
Which law applies to the assets within?	Lex concorsus

When opened in relation to main proceeding	Before
What must there be according to art 3.2 EIR to open this type?	Establishment
Strict alternative conditions in art. 3.4 and recital 37 EIR	Request from creditor
	Request by public authority
Secondary
Objective	Protect local interests
Which law applies to the assets within?	Lex concorsus
When opened in relation to main proceeding	After
Where are rules found	34-52 EIR
Conditions to open	Establishment (3.2 and 2.10)
Conditions to open	Request by main IP (art.37 EIR)

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