Facts
The [A. GmbH] in liquidation was declared bankrupt by the single judge at the Cantonal Court of Zug due to over-indebtedness on 20 April 2015. The company filed a complaint against the bankruptcy decree, as the new managing director [D.] did not consider the over-indebtedness notification of the former managing directors [B.] and [C.] to be lawful. However, the High Court of the Canton of Zug did not enter into the complaint, as it considered the over-indebtedness notification to be an application for the opening of bankruptcy proceedings, which had been approved as requested.Considerations
The Federal Supreme Court holds that the over-indebtedness notification is not an application for the opening of bankruptcy proceedings, but a statutory obligation of the management. Therefore, the company has a legitimate interest in challenging the opening of bankruptcy proceedings. The High Court wrongly did not enter into the complaint. However, the company can no…