Abstract

The article describes the issue of jurisdiction of the court and national jurisdiction in restructuring cases pursuant to the Restructuring Law of 15 May 2015. In particular, it analyses the regulation of functional, substantial and territorial jurisdiction. Pursuant to Art. 15.1 of the Restructuring Law restructuring cases are heard by the court having jurisdiction with respect to the centre of main interests (COMI) of the debtor, which is located in Poland. In the second part, the article deals with national jurisdiction - both main and facultative. Pursuant to Art. 342.1 of the Restructuring Law Polish courts have exclusive jurisdiction in restructuring cases if the debtor’s COMI is located in the territory of Poland. However, the Polish courts have facultative jurisdiction, pursuant to Art. 342.2 of the Restructuring Law, if the debtor’s COMI is not located in Poland, but it is doing business or is domiciled, has the registered office or property in Poland.