On The Supervisory Board's Obligation Concerning The Claim Tracking Against The Executive Board

Author:Dr. Ulrike Binder
Profession:Mayer Brown

ZWH 1-2/2019

In a recent ruling, The Federal Court of Justice emphasizes the supervisory board's obligation to pursue claims, on behalf of the company, against executive board members who have breached their duties. This obligation must also be fulfilled by supervisory board members, who risk to become liable themselves. If a supervisory board member does not comply with this duty, such member will be liable him or herself. The limitation period for the claims against the supervisory board only begins upon the end of the limitation period for claims against the executive board.

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and...

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