Question juridique clé
Whether the former managing director was liable under AHVG Art. 52 for the unpaid social security contributions
Solution extraite
The appellant was liable because he, as organ of the GmbH, grossly negligently breached the duties of accounting and contribution payment.
Motifs extraits
The lower court correctly found repeated and serious breaches of the contribution reporting duties. The small size of the company meant that the sole organ had to oversee the essential accounting matters himself; delegation to a fiduciary firm did not relieve him of this responsibility.