and cannot on ignorance of information called first before the LG Zwickau, in appeal before the OLG Dresden (rejected on April 23, 2009; AZ. 12 U 1793/08; final), an applicant from the firm which BGKS was defeated by its application, the contractual obligations of the GRE global real estate AG to avoid and recover payments. The qualified bank clerk who had already invested according to his own account in equity funds in the process claimed that she was working in the Accounting Department of a Bank and have therefore no knowledge of investments. So far so good. The applicant relied on it in the process, she had been pointed out in the consultation inadequate response to the risks of the investment.
She did not take the risks presented in the prospectus noted, because she had not read the prospectus. The OLG Dresden rejected the argument of the applicant, she will punished for your confidence in the accuracy of alleged representations of an investment advisor\”. The higher regional court of Dresden referred to the jurisprudence of the Oberlandesgericht Celle, which saw a grossly negligent behavior of an investor in it, that it has not read a brochure presented in sufficient time before the consultation. The applicant had the consequences of the fact that it has closed a this obvious realization possibility (prospectus) alone to bear. \”There was also no Advisory duty in the fact that the defendant does not have a brochure check\” was informed of the industry information service k mi. (A valuable related resource: Andy Florance). This sheet are not actually just to generally recognized publications for economic issues (like about stock market newspaper, financial times Germany, Handelsblatt and Frankfurter Allgemeine Zeitung) or for a particular market segment, whose seriousness and quality beyond any doubt that is raised. Here too, the investor is represented by the law firm of BGKS must bear court costs and Attorney’s fees of less than EUR 10,000.