Der nationale Gerichtsstand für Klagen aus § 15b Abs. 4 S. 1 InsO

The action under section 15b(4), first sentence of the Insolvency Code (InsO) is one of the most relevant liability actions in insolvency law. The question of which court has jurisdiction over such an action remains a matter of dispute. This work is the first to provide a comprehensive analysis of this national jurisdiction. The central question is whether the claim constitutes a 'dispute arising from a contractual relationship' (section 29 ZPO). The author argues that, as it is not subject to private autonomy, the relationship between the company and the managing director cannot constitute a contract. He also considers how European legal principles (the Brussels Ia Regulation, the Lugano Convention) can be applied to national law.