At the end of 2014, the BGH decided to refer two questions to the ECJ. They refer to the eventual application of § 64 GmbHG, a provision of the German Code on Private Companies, to foreign companies with a CoMi in Germany under the EIR. The answers by the ECJ will provide important guidance or creditor protection in cross-border scenarios. The article introduces the questions of the BGH and analyses the various options for the ECJ to respond to them and their possible consequences on the coherence of national creditor protecion rules.