NEWSLETTER 01-2025: DEPOSIT GUARANTEE – SOLIDARITY LIABILITY OF THE INDIRECT SHAREHOLDER
In a new decision, the Austrian Supreme Court of Justice has ruled for the first time that in the event of a prohibited repayment of capital from the subsidiary’s assets to the parent company, the intermediate parent company is jointly and severally liable with the parent company for repayment. This decision therefore indicates that the economic unity within a corporate group can lead to an intermediate company also being liable for an unlawful repayment of capital.