Pre-insolvency proceedings under the EU regulation on insolvency proceedings: the Spanish case

The inclusion of pre-insolvency proceedings within the above regulatory scope is a mistake that reveals the EU legislator’s ignorance as to how these proceedings work and of how their practical application is unrelated to the COMI/main proceedings structure underpinning ERIP bis. To begin with, any talk about COMI and the «opening» of insolvency proceedings in terms of art. 3 is absurd in the context of ‘pure negotiatory’ proceedings, just as it is inappropriate for such «proceedings» to be vested with judicial powers and jurisdiction over matters governed by the lex forum concursus, as are those provided in arts. 6 and 7 ERIP bis…