Die Unternehmensgruppe im Insolvenzrecht

Abstract

Although enterprise groups have dominated the corporate reality for decades, for a long time, German insolvency law did not contain any specific regulations for dealing with insolvency in an enterprise group. The legislator reacted to this by creating a national enterprise group insolvency law and, following up on the concept of an enterprise group, introduced regulations for the coordination and concentration of group proceedings in the German Insolvency Statute (InsO). The author subjects the new regulations to a detailed analysis, taking into account the solutions already developed in the run-up to the reform, and elaborates principles for the treatment of group insolvencies. In view of the diversity of an enterprise group insolvency and the autonomy of the group proceedings, a flexible approach is needed, which offers the opportunity to develop a common, group-specific strategy in the interest of all parties concerned, and to implement them specific to the legal entities.