Introduction This article aims to offer a concise survey of what judges should consider before opening secondary proceedings in an EU Member State. This theme was triggered at the training sessions of the EU/III Judicial Cooperation (“JudgeCo”) project for judges on the European Insolvency Regulation (“EIR”) and its then upcoming revision (“EIR Recast”) quarter of 2014 in Istanbul Riga4 and Amsterdam. over sixty mostly ‘first-instance’ insolvency judges from over 15 EU countries were involved. When the concept of ‘synthetic secondary insolvency proceedings’ was introduced, number of judges were opposed to the construction as being impractical and not executable in their daily line of work. They expressed interest in having a survey of the necessary considerations to take into account before opening secondary insolvency proceedings. This article intends to make good on that promise.
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