Die Haftung nach § 64 GmbHG des Geschäftsführers einer GmbH

In the decisions of the Federal Court of Justice "Centros", "Überseeing" and "Inspire Art", the European Court of Justice further strengthened the freedom of establishment within Europe and brought down the seat theory prevailing in several states. Consequently, this means that foreign companies can open branches in Germany while maintaining their corporate identity. This naturally includes the application of foreign law on German soil. In its decision of 13.03.2003, the BGH confirmed this and thus created legal clarity. The question of who has to file an insolvency application when and who is liable for payments made after insolvency maturity is therefore problematic. Especially the question of who this is in the case of an English Limited which maintains a branch in Germany is to be answered in the.