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In a recent ruling, The Federal Court of Justice emphasizes the supervisory board's obligation to pursue claims, on behalf of the company, against executive board members who have breached their duties. This obligation must also be fulfilled by supervisory board members, who risk to become liable themselves. If a supervisory board member does not comply with this duty, such member will be liable him or herself. The limitation period for the claims against the supervisory board only begins upon the end of the limitation period for claims against the executive board.

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