Facts
The now deceased E. acquired F. AG in March 2006 and concluded a mandate contract with D. AG, which appointed B. to the Board of Directors. On November 16, 2009, bankruptcy proceedings were opened against F. AG. A.X. Limited, to whom A. Bank (Switzerland) AG had assigned its claim that was colloquated in the bankruptcy, sued B., C. GmbH, and D. AG on July 12, 2012 before the Commercial Court of the Canton of Aargau based on corporate liability.
The Federal Supreme Court had to assess whether the claim of A.X. Limited was admissible, even though it had asserted several heads of damage/partial claims without specifying their order and scope.
Considerations
The Federal Supreme Court states that the previous case law, according to which in the case of a partial claim with objective joinder of claims the order and scope of the individual claims must be specified, is not practicable. Due to the lack of clear criteria, the claimant cannot reliably foresee whether the facts presented by it as the basis of the claim will be assessed as a single, uniform set of circumstances or whether and, if so, how they will be broken down by the court.
Therefore, the Federal Supreme Court changes its case law and dispenses with this requirement. It is sufficient if the…