Actions Against Directors

Revocation of payments in insolvency

Judgment of the Court (Sixth Chamber) of 10 December 2015

The Court states that is perfectly acceptable an action directed against the managing director of an English company, forming the subject of insolvency proceedings opened in Germany, brought before a German court by the liquidator of that company and seeking the reimbursement of payments made by that managing director before the opening of the insolvency proceedings but after the date on which the insolvency of that company was established.