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SK 02 91 • KG LU SK 02 91 AI generated

Sports Club Composition Approval Upheld Against Creditor Claims of Employment Contract Transfer

Case Number SK 02 91
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed
Court Costs Borne by appellant
Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

The court confirmed the approval of a composition agreement sought by a sports club following a grant of moratorium, dismissing appeals from creditors who claimed their employment contracts had transferred from the now-bankrupt incorporated entity (AG) to the club (Verein) and seeking liability based on a business transfer or piercing the corporate veil. The court reasoned that the employment contract clearly named the AG as the employer, and the appellant failed to substantiate the extraordinary grounds required for piercing the corporate veil due to alleged commingling of affairs, nor did the evidence support a legal business transfer under relevant law, rendering the disputed claims unlikely and therefore not requiring security or inclusion in the quorum calculation for the composition, leading to the conclusion that the agreement was appropriate and properly approved.

Legislator headnote

AI generated

Art. 305 SchKG, Art. 333 OR, Art. 315 Abs. 1 SchKG, Art. 20 Abs. 2 OR, Art. 333 Abs. 3 OR, Art. 304 Abs. 2 SchKG; Sports Club Composition Approval Upheld Against Creditor Claims of Employment Contract Transfer: The court reasoned that the employment contract clearly named the AG as the employer, and the appellant failed to substantiate the extraordinary grounds required for piercing the corporate veil due to alleged commingling of affairs, nor did the evidence support a legal business transfer under relevant law, rendering the disputed claims unlikely and therefore not requiring security or inclusion in the quorum calculation for the composition, leading to the conclusion that the agreement was appropriate and properly approved.

Keywords

AI generated
composition agreement conclusion of contract sports law legal entity disputed claim transfer of evidence

Cited Legislation

AI generated
Art. 305 SchKG
Cited in Order 4 for setting a time limit to sue for creditors with contested claims.
Art. 333 OR
The court confirmed the lower court's finding that there was no business transfer (Betriebsübernahme) under this article, justifying the dismissal of the appeal.
Art. 315 Abs. 1 SchKG
Cited in Order 4 for setting a time limit to sue for creditors with contested claims.
Art. 20 Abs. 2 OR
Art. 333 Abs. 3 OR
Art. 304 Abs. 2 SchKG
Art. 2 ZGB
Art. 304 SchKG
AI generated
SK 07 118 2
Composition Agreement Approval Upheld Against Creditor Appeal
SK 07 118 1
Composition Agreement Approval Challenged Over Creditor Claim Classification
OG 1991 57
Former Employee's Claim in Composition Agreement Dismissed for Premature Enforcement
SK 02 150
Affirmation of Deposit Order Following Judicial Confirmation of Composition Agreement
11 08 130
Suretyship Validity and Contractual Interpretation

Key legal questions extracted by Legislator

AI generated
Art. 305 SchKG

Cited in Order 4 for setting a time limit to sue for creditors with contested claims.

Art. 315 Abs. 1 SchKG

Cited in Order 4 for setting a time limit to sue for creditors with contested claims.

Art. 333 OR

The court confirmed the lower court's finding that there was no business transfer (Betriebsübernahme) under this article, justifying the dismissal of the appeal.

Art. 61 Abs. 1 i.V.m. Art. 54 GebV SchKG

Used to determine the amount of the court fee for the appeal proceedings.

Art. 62 Abs. 1 GebV SchKG

Used to determine the lawyer's fee for the appellee in the appeal proceedings.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · Schuldbetreibungsund Konkurskommission Rechtsgebiet: · Schuldbetreibungsund Konkursrecht Entscheiddatum: · 09.10.2002 Fallnummer: · SK 02 91 LGVE: · 2003 I Nr. 57 Leitsatz: · Bestätigung des Nachlassvertrags, Betriebsübernahme, Angemessenheit Rechtskraft: · Diese Entscheidung ist rechtskräftig.