German law · English information
Cross-border cases require an initial assessment of jurisdiction and applicable law. Registered office, centre of main interests and establishments may lead to different conclusions.
Main and secondary proceedings
Within the scope of Regulation (EU) 2015/848, jurisdiction for main proceedings generally follows the centre of main interests. Secondary proceedings depend on an establishment and generally concern local assets. A purely formal move of registered office does not reliably establish new jurisdiction.
Claims, recognition and third countries
Language, deadlines, forms and evidence depend on the procedure and applicable European rules. Check the opening decision, administrator and claim currency. Outside the European framework, national recognition rules and foreign law may apply. Security, set-off and pending litigation need separate assessment.
Coordinate the evidence
Provide contracts, court decisions, asset locations, registry information and details of existing proceedings. Where necessary, advice is coordinated with locally admitted lawyers. A useful strategy must take account of practical enforcement as well as the legal position.
Related information
Procedures overview · Creditor rights · Corporate insolvency
Official German Insolvency Code · Official StaRUG
Practical implementation
Separate jurisdiction from recognition
Cross-border matters require distinct assessment of the competent court, applicable law and recognition. Within the European Insolvency Regulation, the centre of main interests, or COMI, is important for main proceedings. Registered office, actual administration and organisation apparent to third parties may point to different places. Establishments and secondary proceedings have their own rules. Outside that framework, recognition and effects depend on the applicable domestic and other relevant provisions.
Pursue claims and assets across borders
Foreign creditors must check deadlines, language, form and the correct recipient. An English invoice does not settle the translation requirements of a foreign proceeding. Security, employment, immovable property and set-off may involve special conflict rules. Before payment or realisation, the effect of foreign proceedings in the relevant state needs examination. Claim value, asset location, local enforcement cost and parallel proceedings should inform the strategy. Recognition of every foreign order cannot simply be assumed.
Four practical examples
The following scenarios are illustrative examples, not reports of client matters. The outcome depends on the facts and applicable rules.
Example 1: A German supplier has a foreign customer
The supplier receives an insolvency notice from another EU state. It must check the proceeding, debtor identity, filing route and deadline. Supporting documents should meet local requirements, with security rights assessed separately.
Example 2: Registered office differs from management
A company is registered in one country but managed from another. Relevant facts and their visibility to third parties require examination. Registration alone does not answer every COMI question.
Example 3: Goods are stored in Germany
A foreign debtor holds goods in Germany over which a supplier claims rights. Applicable insolvency law and any special rules for rights in rem need review. Ownership and stock must be established through reliable records.
Example 4: Proceedings take place outside the EU
A counterparty asks a German business to comply with a third-country order. Recognition, domestic effects and possible public-policy limits require assessment. Translating the order does not by itself settle those questions.
Discuss your situation
Tell us your role, the parties involved and any deadlines. We will check conflicts, agree the scope of the work and explain the fees before accepting instructions.