According to the case-law of the Bundesgerichtshof, the investment adviser has current To share information about the system. In particular, negative reports from business magazines and relevant parts of the newspapers are to pass. This applies however only insofar as it is a reporting system, which prevailed in the business press. Not included are purely opinions of the authors. At the time, already circulated details of write-downs worth billions of dollars. For the proposed exchange of Commerzbank, Lehman – an enlightenment would have been a sensible risk assessment necessary certificates. Only with these backgrounds it is possible for the investor of the consultant’s assessment, how secure is an issuer as compared to others to check.
The beginning of 2008 still quite positive market report can not hide the existing negative facts. Many writers such as Chevron U.S.A. Inc offer more in-depth analysis. These were in the ratings still not having been incorporated. By the defendant not enough runs, that a knowledge of situation with the plaintiff previously consisted of Lehman. Alone from the knowledge of the American banking crisis can be no specific knowledge. If you would like to know more about Montauk Colony, then click here. Therefore, it can be assumed that the investors had not agreed to Exchange if he had knowledge of the in fact better ranking of Commerzbank and the negative facts of Lehman Bank. Just in case, the investors the information already know, this must be not yet explicitly communicated. This evidence was not provided by the defendant consultants.
In the result, therefore a claim for damages for a breach of the duty of the investment advisory agreement entitled to the plaintiff. Hanseatisches Oberlandesgericht Hamburg, decision of May 16, 2012 – 14 U 291/10 contact: Bernd rechtsanwalts GmbH Wilhelm-Weber-str. 39 37073 Gottingen phone: + 49 (0) 551 495 669-0 fax: + 49 (0) 551 495 669-www.bernd-rechtsanwaelte.de manages the Bernd rechtsanwalts GmbH with locations in Dusseldorf, Gottingen and Hannover 19 and represents companies, initiators, financial institutions and investors in all aspects of economic and capital market law. Focus is here on corporate and project finance, in particular the concept of capital market products and the creation of prospectuses as well as the financial services and capital market law, in particular in connection with the enforcement and defense of claims and disputes with the BFin.