From the magazine SZW-RSDA 5/2019 | S. 509-518 The following page is 509

Aktuelle Rechtsprechung zur Haftung im Konzern

Federal court rulings on liability of the parent company in a Group have developed further since the classic decisions of the nineties in the matters of Swissair and Motor-Columbus. This article provides an overview of the handed down by the Federal Supreme Court over the past ten years. The article shows that the Court did not decide these cases based on principles of director’s liability, adapted to the specificities of a group, as proposed by many legal authors, but that the Judges maintained the separation principle quite consistently. Claims against the parent company could only succeed in cases where a relationship of trust between the ­parties arose out of special and concrete circumstances.

Der nachstehende…