Key legal question
Whether the claimant had a right to unemployment benefits despite his employer-like position in C. GmbH.
Extracted holding
No. He remained in an employer-like position as shareholder, managing director, and later liquidator, retaining decisive influence and the ability to reactivate the business.
Extracted reasoning
The court upheld the finding that he had not lost the relevant control over the company; the liquidator function in particular showed that the employer-like position persisted. The analogy to the exclusion rule for employer-like persons was therefore applicable.