In the Autumn 2015 I edition of eurofenix1 we introduced the subject and described the present situation as to the considerations to be made by a court when asked to open secondary proceedings. This is important since courts often lack experience in international insolvency proceedings and needlessly opened secondary proceedings cost extra money, take extra time and may result in less efficient solutions. The Autumn article concluded with a list of observations to be made by a court when called to open secondary proceedings. This article continues the analysis based on the text of the European Insolvency Regulation 848/2015 (EIR Recast) which will come into force on 26 June 2017. The EIR Recast is an extension of the EIR, rather than a new concept. For the purpose of this paper two new features are important: that of court-to-court and court-to-IOH2 communication, coordination and cooperation and that of the ‘undertaking.’
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