Die Geschäftsführerhaftung in Insolvenznähe bei Verlegung des Centre of Main Interests

The debtor’s Centre of Main Interests (COMI) is the central connecting factor under European insolvency law. With its cross-border transfer, the international jurisdiction for opening insolvency proceedings changes, as does the relevant insolvency law. This transferability creates flexibility on the one hand, but also harbours potential for abusive behaviour – especially in times of crisis. The work analyses the effects of a change in the connecting factor – triggered by forum shopping - with regard to the liability of the managing director within a German GmbH that is at risk of insolvency or already insolvent. It comprehensively examines all conceivable aspects of international procedural and private law.