“The crisis of the company is the
hour of the supervisory board.”
While legal literature is unanimous on the catalog of duties of the supervisory bodies, especially in a corporate crisis, rulings by higher courts in this area remain sparse and are mostly of an older nature. In view of the recent scandals, such as Wirecard or RBB (for the latter see here), which are currently being dealt with by the courts, it is probably only a matter of time before the courts also start to ask questions about the respective responsibility of supervisory bodies again and in greater depth. The following article therefore outlines the current status in theory and practice and derives some practical tips from current cases.