As early as 2019, the Federal Court of Justice (BGH) confirmed in two rulings (BGH VI ZR 438/17 and BGH VI ZR 447/17) that the claims for damages of the "Securenta" investors (Göttingen Group) against management consulting and auditing companies of the financial group are statute-barred.
BGH confirms assessment of the lower courts
The district court of Göttingen had previously dismissed over 4.000 claims for damages from "Securenta" investors against management consultancy and auditing companies on the grounds that the claims had expired in the meantime. The Braunschweig Higher Regional Court (OLG) endorsed this view in numerous appeals proceedings. The BGH rejected the non-admission complaints against the decisions of the Braunschweig Higher Regional Court with the above-mentioned decisions, because it too was of the opinion that the corresponding claims for damages by the "Securenta" investors against the advisors of the financial group were time-barred.
But: The lawyers may be liable!
Decisions of the BGH are not the end of the legal possibilities for the injured investors. Under certain circumstances, investors can hold themselves harmless with their lawyers!
The background is as follows:
In order to inhibit the expiry of the statute of limitations, the lawyers of the "Securenta" investors had already made so-called "quality applications" in the run-up to the lawsuits ultimately rejected because of the statute of limitations. In the opinion of the BGH, however, they failed to adequately state the scope of the claims made in the applications. The goal of the quality applications - inhibiting the limitation period - was therefore not achieved and the claims are time-barred.
However, because it is one of the lawyer's duties to ensure that his client's claims do not become time-barred, there is now a possibility that the responsible lawyers will be liable for the damage incurred. As an affected investor in the Göttinger Group, you should therefore have your claims examined by a lawyer specializing in legal liability law.
If you are a damaged "Securenta" investor or have general questions about lawyers' liability law, you can contact our law firm by phone or email and / or arrange a personal meeting at one of our law firm locations in Regensburg and Landshut.
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