On 20.03.2024, we continued our lecture series “Recht verständlich” with the topic “Tax advice in the corporate crisis – recognizing and avoiding risks”.

In a landmark decision from 26.01.2017 (IX ZR 285/14), the responsible IX. Civil Senate of the Federal Court of Justice changed its case law on tax advisor liability in a corporate crisis, which had only been established a few years previously, and turned the previously established principles on their head. The decision has led to great uncertainty among the professionals concerned in view of the massive expansion of existing liability risks.

Most recently, the same senate of the Federal Court of Justice further outlined its case law on the liability of legal advisors in a corporate crisis with a decision of 29.06.2023 (IX ZR 56/22) obtained by our law firm. This decision is also of considerable importance for tax advisors.

The speakers were Prof. Dr. Martin Dreschers from d e n s and Dr. Nils Ahrens from STEIN & PARTNER. The speakers explained the content and background to the development of the case law, highlighted the consequences of this for consultancy practice and formulated recommendations for self-protection for affected consultants.