A Double Lesson from Interedil: Higher Courts, Lower Courts and Preliminary Ruling and Further Clarifications on COMI and establishment under EC Insolvency Regulation

The Interedil judgment focuses on two main issues within the judicial cooperation in civil matters. First of all, it allows, on a general ground of the preliminary ruling concerning the interpretation of Article 3, to go more into depth on various issues regarding the relations between courts of merits and supreme courts in front of EU law, and, therefor, to affirm the primacy of EU law. Secondly, while it confirms various issues concerning the notion, the interpretation and the acknowledgment of COMI, the judgment provides new elements to have a more clear, univocal and predictable ascertainment of COMI. Some issues still, however, remain unresolved and require further clarifications from the European Court of Justice, mainly with regard to the relations between the principle of freedom of establishment within the EU and Regulation 1346/2000