The question of the statute of limitations for claims for damages brought by a limited liability company against its managing directors is of great importance both in court proceedings and out-of-court negotiations. This is because the damage caused by management often only becomes apparent after some time. Incorrect decisions by management are not immediately apparent and do not alert the shareholders' meeting or the supervisory board.
It can be argued that the statute of limitations only begins to run when the concealment ends, but this approach is complex and not universally applicable.
If the managing director is both a shareholder and acts in breach of duty, the breach of duty may fall under the knowledge-dependent standard limitation period of Sections 195 and 199 of the German Civil Code (BGB) due to both his position as managing director and as shareholder.
The statute of limitations for Managing director liability is a complex and sensitive issue. Companies and their lawyers must carefully consider how to address this dilemma. The strategies mentioned offer options for overcoming the statute of limitations defense, but they should always be considered in the context of the specific case and the applicable case law.
In a liability lawsuit, sensitivity and the right litigation strategy are always crucial. Overall, it is important to note that overcoming the knowledge-independent statute of limitations for managing directors' liability under Section 43 of the German Limited Liability Companies Act (GmbH) can be complex and depends on the specific circumstances of the individual case.
The very best strategy However, the Avoiding a court caseLegal proceedings can always hold unpleasant surprises. Therefore, it is important to present the approaches presented here for overcoming the statute of limitations in pre-trial negotiations with the former managing director. The injuring party must be convinced that a lost court case will entail even greater downsides than a quick, fair settlement. To achieve this, companies must seek experienced legal advice early on and agree on the best course of action. In our experience, such tactical approaches often prove promising, especially when D&O insurance is involved.
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