Transferring A Business Following Insolvency In Germany: Who Pays The Pensions Bill?
Acquiring a business on insolvency can have pitfalls, especially if it involves an employee occupational pension scheme. Will the German Federal Labour Court's case law, which is favourable to acquirers, continue to apply following a recent European Court of Justice decision? The promise of a company pension makes companies an attractive employer for (potential) employees. However, if a company is to be sold at some point, the pension obligations can become a dealbreaker from the buyer's point of view. Particularly...
