At some point companies will be required to consider whether they, or a party with whom they have contracted, can suspend or terminate a business contract as a consequence of the disruption caused by COVID-19.
Government measures taken in order to fight COVID-19 have forced many businesses to either reduce or entirely stop their activities.
The Federal Court of Justice revisited the statutory presumption in Section 133(1) sentence 2 of the German Insolvency Code in its decision of 26.10.2023 (IX ZR 112/22), following earlier rulings on 03.03.2022 and 23.06.2022.