Mülheim.
Landgericht speaks Company currently to a compensation amounting to almost half a million euros. has claims against former board and former board.
The Easy Software AG, the second of four actions for damages with which it, inter alia against former supervisory and executive boards before the Landgericht Duisburg is pulled, decided for themselves. The court acquitted the Mülheim software developer now currently a compensation amounting to almost half a million euros.
Back in January, the district court Manfred A. Wagner, for many years had not only chairman but also the controlling shareholder the AG, sentenced to 1.5 million euros in damages, because it the million dollar proceeds from the sale of an Easy-participation for personally income received in 2002, although the money the AG should have conceded. The judgment Wagner has appealed.
Easy Solutions as profits urine of guarantee
Now the district court said late last week of Easy Software AG once a claim for damages of around 483,000 euros. Sued the firmierende the station company had turn against Wagner, but also against former Board Wolfgang Gemeri, former Supervisory Board Wolfgang happiness and Easy Solutions GmbH. Besides happiness are all the defendants to be held liable, the court ruled.
The dispute made fast to a guarantee, which had issued in 2007 for the Easy Solutions Easy Software AG, and in the following year had been extended twice – in a period when the Easy Solutions long ceased subsidiary of AG was more, but according to information from the newspaper owned by a company from to the undersigned in Oberhausen Wagner empire. The guarantee was taken up. The half a million euros flowed on the Easy Software AG, without this, it was said in 2013 in a special report, was disclosed in the consolidated financial statements.
As profits urine of guarantee, so now ruled the district court Duisburg, was Easy Solutions GmbH has arisen already by law in the responsibility for the complete damage of the AG.
also former board Gemeri is liable for damages
Even against Wagner had the company pay claims in full. He had been injured as a chairman of the board’s monitoring obligations. So he can not even show about his legal representation that the guarantee for the ailing Easy Solutions had at least been justified by concrete renovation plans. Also he had no discussion or consultation on the supervisory board may occupy about what safeguards of the Easy Solutions whose reintegration was in the AG, at least as an option, come into consideration and what specific risks they had been assigned.
Ex-Executive Josef Gemeri told the court also liable for damages, but only to the original guarantee of 400,000 euros. He was accused that he could not prove that they have obtained the consent of the Supervisory Board for the guarantee. The Rules of Procedure would have been required.
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