Charles Zhen Qu^* and Björn Ahl^**

(2008) Oxford U Comparative L Forum 4 at ouclf.law.ox.ac.uk | How to cite this article
In the recent Trihotel case, the German Federal Court of Justice has substantially modified its previous position on lifting the corporate veil, by which shareholders can become liable towards company creditors. The present case note argues that the tort-based new approach will not only afford company creditors with adequate protection but also direct German company law jurisprudence towards a greater regard for fundamental principles of company and insolvency law.

Table of contents

• Introduction
• Liability within ‘qualified de facto groups’
• Liability for destroying the company
• Liability for company destruction no longer a self-contained cause of action
  • A. The new notion of company destruction liability
  • B. The new approach: why the change?
  • C. Implications of the new approach
• Conclusion
• Endnotes

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