Liability of advisory/supervisory board members

In recent years, case law has increasingly scrutinized the responsibility of advisory and supervisory board members in the management of a company. By no means does this problem area only apply to public limited companies, as many GmbHs or companies of other legal forms have decided to voluntarily set up such supervisory bodies between the management and shareholder levels. If conflicts arise within the company, such bodies can often play a decisive role in mediation. Conversely, in the event of a dispute, advisory/supervisory board members must always have the company's best interests in mind, rather than personal loyalties, in order to avoid being accused of breaches of duty or even claims for damages themselves