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Damages: no leapfrog recourse by the general contractor within a chain of vicarious agents
In a recent landmark decision, the Supreme Court clarified the question – hitherto disputed in legal scholarship – of whether a general contractor within a chain of vicarious agents (Erfüllungsgehilfen) can take direct recourse, for example against a sub-subcontractor (so-called „leapfrog recourse“). In summary, according to the Supreme Court this is not possible. Under §…
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Shareholder dispute: still no direct claim for a GmbH shareholder
An action for performance or an injunction seeking to prescribe to a shareholder in general meetings not the exercise of the voting right in a particular manner, but nonetheless other conduct, is – just like an action for a declaratory judgment seeking to determine bindingly, for the future, a shareholder’s voting right in respect of…
