Question juridique clé
Whether the appellant was excluded from insolvency compensation because of his former board/director position and influence over the company
Solution extraite
Yes. As a former managing board member, he had set the causes of the financial distress while still in office and could remain influential afterward; the exclusion under Art. 51(2) AVIG therefore applied.
Motifs extraits
The court held that the decisive time is the effective resignation, not the commercial register deletion. Financial problems already existed when he was still sole director, as wages stopped immediately after his resignation and the bankruptcy figures showed a massive deficit. No further factual clarifications were needed.