District Court Konstanz affirmative action for damages an investor an investor the ET leasing AG has a lawyer and lawyer specializing in banking and capital market law Patrick M. Zagni, Stuttgart litigious judgment of the District Court Konstanz by November 20, 2009 (AZ: 3 O 97/09) due to faulty investment advice full compensation awarded to get. In addition, the defendant investment advisors was required to pay the plaintiff’s pre-trial lawyer. Through the sale of a House, the claimant possessed an amount of money he wanted to apply to the purchase of owner-occupied property. In the context of the search for an investment opportunity, he came into contact with the defendant investment advisors, which has been at least temporarily also Supervisory Board of ET leasing AG. Without hesitation Bausch & Lomb explained all about the problem.
The plaintiff wanted to create sure that amount of money, in addition, the money should be available at all times. “This all the investment advisor gave him and advised him to enter into a loan agreement” with the ET leasing AG. The loan should be a four-week notice period at any time to the end of the month can be terminated. There was also a variable”provided interest rate that was specified in the loan agreement with 2% per month. On January 29, 2009 the Insolvenzver drive was opened against the assets of the ET leasing AG.
The ET leasing AG was part of a complex of several interconnected companies (such as the LEASING AG TREND of EURO, the ECZ GmbH, the BHT GmbH and the A: PA AG), which offered the acquisition or leasing of motor vehicles on particularly favourable terms. Were related to the business complex or prosecution investigations on suspicion of commercial fraud be carried. Interestingly”the amount of money used by the plaintiff is gone”. Due to the insolvency proceedings, the claims of the plaintiff against the company have become virtually worthless. The District Court followed full consistency be the argument of the plaintiff, stating that not only a contractual obligation between the plaintiff and the ET leasing AG, but also between the plaintiff and the defendant personally has passed. Due to this obligation, the defendant was obliged to correctly and completely to educate plaintiffs about all circumstances, which were for the question of the loan granted to the ET leasing AG of importance. The Konstanz District Court is convinced of it, that the defendant through incorrect and incomplete information was not applicable to the risk of lending. The defendant investment advisors was thus legal and was liable for the damage. The plaintiff was so to provide, as he would be if he had been properly informed and then not had provided the loan the ET leasing AG. The judgment of the constancy of the LG is not yet final. In any case, this judgment is a hope for many victims of this large-scale fraud case to keep but still harmless. Patrick M. Zagni Attorney / lawyer specializing in banking law and capital market law