Die Berücksichtigung von Gläubigerinteressen durch die herrschende Gesellschaft

With Art. 19 of Directive (EU) 2019/1023, the European legislator lays down a regime of obligations for director where there is a likelihood insolvency. The focus is explicitly on the interests of creditors.
In this volume, the author examines the protection intended by the directive legislator and its implementation in German law, as well as the insertion of such a regime of duties into the existing legal environment of group structures. It is shown that the Directive leads to a shift of the duties for directors in the vicinity of insolvency, which is accentuated by creditor protection and restricts the management power of the parent company.