Legal Milestones

These issues have been legally resolved / clarified, thanks to us:

  • The requirements under which special payments by labor law of any kind are to be corrected as “Neumasseverbindlichkeiten” according to German law §209 paragraph 1 No. 2, paragraph 2 No. 3 InsO, through Supreme Court ruling on March 23rd, 2017, file number 6 AZR 264/16-, ZIP 2017 = ZInsO 2017, 1281
  • The enforcement ban under insolvency law after notice of deficiency does not hinder the examination of  pension insurance institute in determining missing social security payments against the liquidator through payment notices in full amount, despite the regulation of §335 paragraph 3 clause 2 SGB III (Federal Social Court, ruling on May 28th, 2015, file B 12 R 16/13 R-, ZIP 2016, 128 = NZI 2016, 2583)
  • The issue of liability of the liquidator for salary claims by the non-working employees after notice of deficiency (Higher Regional Court Düsseldorf, ruling on January 27th, 2012, file I-22 U 49/11 -, ZIP 2012, 2115)
  • The issue of consideration of support obligations for children as part of the social selection solely because they are listed on the income tax card (Federal Labor Court, ruling on June 28th, 2012, file 6 AZR 682/10 -, BAGE 142, 225 = ZIP 2012, 1927 = NZA 2012, 1090)
  • The requirements under which a debtor is to be granted monetary aid for legal fees by administrative order of the “weak” temporary liquidators (Federal Labor Court, August 3rd, 2011, file 3 AZB 8/11-, ZInsO 2012, 1043 = NZA 2011, 1243)
  • The issue of liability of the managing associate of an insolvent company for HR development and qualification because of material undercapitalization (Supreme Court, April 28th, 2008, file II ZR 264/06-, BGHZ 176, 204 = ZIP 2008 1232 = ZInsO 2008, 758 – “GAMMA”)
  • The issue of original responsibility of the group works council in case of standardization of an employer financed company pension inside the corporate group (Federal Labor Court, January 24th, 2006, file 3 AZR 483/04 -, NZA-RR 2007, 595)
  • If the liquidator keeps using the rental object after the opening of the insolvency case without demanding contractual performance, the claim by the landlord for compensation for use does represent bankruptcy expenses (Supreme Court, March 1st, 2007, file IX ZR 81/05-, ZIP 2007.778 = NZI 2007, 1594)
  • If the bankruptcy court enacts a reservation of approval according to § 21 paragraph 2 No. 2 alternative 2 InsO, employment contracts of the debtor can only be terminated with approval of the temporary liquidator (Federal Labor Court, October 10th, 2002, file 2 AZR 532/01-, ZIP 2003, 1161 = ZInsO 2003, 817)
  • The legitimacy of job creation companies as part of an employment and qualification model (Federal Labor Court, December 10th, 1998, and January 21st, 1999, files ZIP 1999, 320 and following; ZIP 1999, 1572 and following)
  • The issue of ending of a refund claim on restoration of the capital stock according to § 31 paragraph 1 GmbHG (“Procedo judgments”, Supreme Court, May 29th, 2000, files II ZR 75/98 [not published yet]; II ZR 118/98, NZI 2000, 417 and following = ZInsO 2000, 453 and following = ZIP 2000, 1251 and following; II ZR 347 97, ZIP 2000, 1256 and following)
  • The issue of the legitimacy of “Kaug” prefinancing (Federal Social Court, March 23rd, 1995, file ZIP 1995, 935 and following)
  • The issue of the applicability of capital replacement rules for stock companies (Supreme Court, March 26th, 1984, file ZIP 1984, 572 and following)