22.01.2026
Germen Federal Supreme Court strengthens insolvency administrators' rights to information and access vis-à-vis auditors
In a landmark decision, the German Federal Supreme Court has significantly strengthened the rights of insolvency administrators vis-à-vis auditing firms. The ruling of 11 December 2025 (III ZR 438/23) clarifies for the first time at the highest court level that insolvency administrators have comprehensive rights to information and inspection vis-à-vis the auditors of the insolvent company, including, in principle, with regard to so-called "working papers". The ruling was handed down in a liability case in the "Wirecard Complex," but has practical relevance in all situations in which insolvency administrators request access to the audit documents of auditors – often an important first step before examining and asserting liability claims.