Shortly after entry into force of MoMiG has the Supreme Court (Judgement of 26 January 2009 - II ZR 260/07) in a controversial issue of MoMiG for clarity catered
"The Second Civil Division has now decided that after the wording of that transitional provision the "old" equity compensation law in the form of both the so-called amendment of rules (§ § 32 a, 32 b GmbHG old version) and the so-called law rules (§ § 30, 31 a. GmbH F. analog) to such "old cases" at the entry into force of new regulations insolvency proceedings opened as the then applicable statutory law still applies. "
starting point is the problem that the legislature, the transitional arrangements for MoMiG in the area of capital compensation law has not finally formulated clearly enough. Thus Article 103 d EGInsO that the insolvency proceedings that are opened before the entry into force of the MoMiG on November 1, 2008, "the other previously existing legal provisions use "are.
was expected, interpreted that phrase differently, as the recent case law rules are very judge-made law and no law.
The decision of the Supreme Court is not only due to the creation of legal certainty but also to welcome content, because the legislature has not retroactive . for the analogous prohibition in § 30 para 1 sentence 3 GmbHG arranged also from the perspective of creditor protection is the challenged omission already claims arising from shareholders pleasing
source. press release of BGH
