Liability of the company seller for pension limits when taking over the company
It remains that the company seller cannot avoid the pension liabilities towards company pensioners who have eliminated before the transfer of operations, insofar as these liabilities remain applicable to the provisions of the transitional provision of Art. 37 Para. 1 EGHGB old law. In these cases, the company seller will continue to be able to completely free himself from his liability by means of a guilt by the company successor. The question of how the insolvency protection of the company pensioner can be guaranteed in cases that are subject to the new regulation of § 26 HGB. The BAG did not have to pursue this in view of the fall design. Attorney Dirk Helge Laskawy writes in decisions on commercial law (EWIR) 2004/853f.
