Deals & Cases

Defense against director liability claims

13
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05
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2019
2019

RUOSS VÖGELE wins proceedings before the Commercial Court of the Canton of Zurich on behalf of a former member of the Board of Directors to defend against claims for liability under company law asserted by a creditor in the bankruptcy of a company limited by shares. The plaintiff brought an action against the sole member of the Board of Directors and the auditors of the bankrupt and in particular charged them with delaying bankruptcy. The court dismissed the action in its entirety, in particular due to the plaintiff's failure to substantiate the alleged damage and the defendant's Board of Directors' detailed contestation of the individual positions of the asserted loss. The plaintiff is obliged to pay the court fee and to pay compensation to the defendant director and the auditors. The plaintiff accepts the judgment and waives an appeal to the Federal Supreme Court.

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