• measures to be taken regarding an insolvent debtor’s assets are co-ordinated where the activities of an undertaking have a cross-border effect, and
• incentives for parties to transfer assets or judicial proceedings from one Member State to another, seeking to obtain a more favourable legal position (forum shopping), are avoided."
In relation to their consultation the Insolvency Service note, "The European Commission is required to report on the Regulation by 1 June 2012, and, in preparation, intends to launch a study of the Regulation in 2010. In order that we may be in a position to inform and influence the Commission's report, we are carrying out our own evaluation of the Regulation in advance of the Commission's study. We wish to gather information on the experiences of individuals working with the Regulation in practice to assess whether or not it meets its objectives, focusing on the following 7 main areas:
- General experience of operating the provisions
- Centre of Main Interests (which determines where main proceedings may be opened)
- The interaction of main and secondary proceedings
- The applicable law in any given case
- The opening of proceedings
- Group companies, and
- General technical points."
The Insolvency Service
21 Bloomsbury St
020 7637 6234