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Is having a registered office fatal to creating an establishment in that jurisdiction?
Burgo group SpA v Illochroma SA (in liquidation) C-327/13  All ER (D) 114 (Sep)
The Court of Justice of the European Union (CJEU) gave a preliminary ruling on the interpretation of the EC Regulation on insolvency proceedings 1346/2000, arts 3, 16 and 27 to 29 (the EC Regulation on Insolvency). The request was made in proceedings between Burgo Group SpA (Burgo) and Illochroma SA, in liquidation (Illochroma) and Maître Theetten (as liquidator of Illochroma) concerning the opening of secondary insolvency proceedings in Belgium relating to the assets of Illochroma.
Italian company, Burgo, was owed money by Belgian company, Illochroma. Burgo (as creditor) requested the opening of secondary insolvency proceedings in Belgium, relating to the assets of Illochroma.
The relevant chronology is as follows:
Illochroma is a company with two establishments in Belgium, where it is the owner of a building, buys and sells goods and employs staff.
The CJEU confirmed that it is apparent from the very wording of the EC Regulation on Insolvency, art 3(1) (ie the place of the registered office is presumed to be the centre of its main interests (COMI), in the absence of proof to the contrary) that the COMI may, for the purposes of applying that regulation, be different from the place of its registered office.
The decision in Interedil v Fallimento Interedil Srl C-396/09  All ER (D) 195 (Oct) demonstrates that the fact that the definition links the pursuit of an economic activity to the presence of human
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