Federal Court of Justice confirms subordination of shareholder damages claims to all creditor claims in landmark insolvency ruling, Lars Westpfahl, Patrick Schroeder, Sonja Vidal, Susanne Hoerrmann, Tom Dittmar, Victor Aly
In its much-anticipated judgment of 13 November 2025 the German Federal Court of Justice (FCJ) held that in insolvency proceedings, shareholders’ damages claims are not to be treated pari passu with claims of unsecured creditors. With this landmark ruling, the FCJ brings an end to years of legal uncertainty, resolving the long-standing dispute between shareholders and…

