6 gennaio 2025 – Walder Wyss successfully represented a creditor in the bankruptcy of a paper mill in a complex case of directors’ liability against a board member and a de facto director of the paper mill.

The case concerned the liability of the defendants for a dividend payment. At the center of the dispute was the question of whether provisions should have been made for restructuring measures and whether the dividend payment was unlawful. The defendants, in particular the former member of the Board of Directors, and the other defendant, who acted as an de facto director, were held responsible for the financial loss suffered by the company. With the judgment of the Federal Supreme Court of 17. December 2024, 4A_62/2024 and 4A_76/2024, the Federal Supreme Court confirmed the liability of the defendants and dismissed their appeals. It found that the defendants had breached their duties by failing to make the necessary provisions and instead making a dividend payment.

The claimants were represented in the proceedings by Hans Rudolf Trüeb, Oliver M. Kunz and Sophie Püschel-Arnold.