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EU JudgeCo Principle 11 - Modification of Recognition

11.1. Where main insolvency proceedings are pending in another State, the court that is deciding whether to open secondary proceeding may postpone its decision where it becomes aware of evidence which warrants such action. Such evidence may include evidence that (i) there was fraud in the opening of the foreign main insolvency case, or that (ii) the foreign main insolvency case was opened in the absence of international jurisdiction as provided in Article 3 of the EIR.

11.2. Where main insolvency proceedings are pending in another State, the court that has opened secondary proceeding may postpone a hearing where it becomes aware of evidence in the meaning of paragraph 1 or may in such a case revoke its decision if national law allows such revocation.

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