Exploring the Qualification of Directors' Liability in International Private Law

In this comprehensive book, we delve into the complex subject of directors' liability qualification in the field of international private law. Drawing insights from two significant rulings by the Court of Justice of the European Union (CJEU),we analyze the critical questions surrounding this topic.

Examining Liability of Directors in Cases of Foreign Company Bankruptcy

One of the fundamental questions we tackle is the liability of directors of foreign companies in the context of bankruptcy. Does the freedom of establishment guaranteed by the Treaty on the Functioning of the European Union (TFEU) hinder the application of national provisions on directors' liability in cases of bankruptcy involving foreign companies? By closely studying the Kornhaas/Dithmar ruling by the CJEU, we provide a comprehensive analysis of this issue.

Analyzing the Qualification of Claims on Directors' Liability and Jurisdiction under the Brussels II Regulation

Another crucial focus of our study is the qualification of claims on directors' liability and its impact on determining jurisdiction under the Brussels II Regulation. We critically examine the Holterman Ferho/Spies ruling by the CJEU, where the court determined that the relationship between a director and a company could, under certain circumstances, be classified as an employment contract, rendering the national qualification irrelevant. Through careful analysis and discussion, we shed light on the implications of this ruling and its consequences for determining jurisdiction.

By combining in-depth legal analysis with thorough examination of landmark CJEU rulings, this book offers valuable insights into the qualification of directors' liability in international private law. It serves as an essential resource for legal practitioners, academics, and anyone interested in understanding the intricate complexities surrounding directors' liability in an international context.