European UnionI have a company registered in one EU state and went insolvent in another. Where are proceedings opened?
Insolvency proceedings are generally opened in the EU Member State where the company has its centre of main interests (COMI), which is presumed to be its registered office unless proven otherwise.
What the Law Says
The jurisdiction for opening insolvency proceedings for companies operating across EU borders is governed by Regulation (EU) 2015/848. It establishes clear, harmonised rules to avoid conflicts and forum shopping.
Under Regulation (EU) 2015/848, the courts of the Member State where the debtor has its 'centre of main interests' (COMI) have exclusive jurisdiction to open main insolvency proceedings. The COMI is the place where the debtor conducts the administration of its interests on a regular basis and is ascertainable by third parties.
There is a legal presumption that the COMI is located at the company’s registered office — but this can be rebutted if objective and verifiable factors show the real centre of management and decision-making lies elsewhere. To challenge the presumption, evidence must demonstrate that the COMI shifted at least three months before the request to open proceedings.
If main proceedings are opened in one Member State, any other Member State may open 'secondary proceedings' — but only concerning assets located within that State. Secondary proceedings are automatically recognised across the EU once opened.
Statutory TextThe courts of the Member State within the territory of which the centre of main interests of the debtor is situated shall have jurisdiction to open main insolvency proceedings.
— Regulation (EU) 2015/848, Art. 3(1) — Jurisdiction
Statutory TextIn the case of a company or legal person, the centre of main interests shall be presumed to be the place of the registered office... provided that the registered office has not been moved to another Member State within the three months prior to the request...
— Regulation (EU) 2015/848, Art. 3(2) — Presumption
What Courts Have Said
The Court of Justice of the EU (CJEU) has clarified how COMI is determined and when the registered office presumption may be displaced.
Confirmed that COMI must reflect the place where the debtor conducts central administration and is objectively ascertainable by third parties; mere presence of directors or use of local address is insufficient.
Reaffirmed that relocation of COMI requires demonstrable, stable, and externally visible shift in management functions — not just formal changes or temporary arrangements.
What to Do
Identify where your company’s central management, decision-making, and day-to-day administration actually occur — not just where it’s registered.
Gather objective evidence (e.g., board meeting minutes, contracts, bank accounts, staff locations) showing the true COMI location.
If COMI differs from the registered office, ensure the shift occurred at least 3 months before filing — and is publicly apparent to creditors.
File for main insolvency proceedings in the Member State where COMI is located; notify courts in other States holding assets if secondary proceedings are needed.
Engage local insolvency counsel in both the COMI State and any State where significant assets reside.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.