Last week (19 September 2024) the Court of Justice – asked by the German Federal Court of Justice (Bundesgerichtshof) to interpret Arts 2(10) and 3(1) of Regulation (EU) 2015/848 for the determination of the centre of main interest of an individual exercising an independent business or professional activity – delivered its judgment on case No C-501/23, DL v. Land Berlin.
In the decision, the Court of Justice stated that the third subparagraph of Art 3(1) of Regulation No 2015/848 must be interpreted as meaning that “the concept of ‘principal place of business’ of an individual exercising an independent business or professional activity, within the meaning of that provision, does not correspond to the concept of ‘establishment’ defined in Article 2(10) of that regulation” and that “with regard to an individual exercising an independent business or professional activity, it is to be presumed, in the absence of proof to the contrary, that that individual’s centre of main interests is situated in the principal place of business of that individual, even where that activity does not require any human means or any asset”.
On cross-border insolvency, the readers of RDIPP may refer to:
Stefania Bariatti, 2022, No 1, 5 ff.;
Antonio Leandro, 2014, No 2, 317 ff.;
Massimo V. Benedettelli, 2004, No 2, 499 ff.;
Patrizia De Cesari, 2003, No 1, 55 ff.;
Luigi Daniele, 2002, No 1, 33 ff.;
Claudio Dordi, 1997, No 2, 333 ff.
Moreover, see, in our Book Series:
Angela Lupone, Book No 44.