Börse Express – Wirecard scandal – claims for damages in Austria enforceable / According to the Innsbruck Higher Regional Court: Markus Braun resides in Vienna despite his imprisonment in Germany
Many Austrians also lost money in the scandal surrounding the bankrupt German payment service provider Wirecard. The Innsbruck Higher Regional Court has now confirmed the jurisdiction of Austrian courts for claims by aggrieved investors against the former Wirecard CEO Markus Braun, who comes from Austria. The reason for this is Braun’s residence in Vienna.
“The claim of the plaintiff is actionable in Austria,” said OLG spokesman Wigbert Zimmermann on Friday to the APA. Because the defendant’s place of residence in Vienna was still upright and not given up by Braun. An appeal to the Supreme Court is no longer possible in this matter.
Previously, the Vienna law firm Aigner / Lehner / Zusatzin Rechtsanwälte had initiated a test case at the Innsbruck Regional Court in order to make the international jurisdiction of Austrian courts for claims by aggrieved investors against the former chairman of the board in Austria. The OLG confirmed the first instance judgment of the regional court on Thursday.
Braun had appealed against the view of the regional court in June. According to the law firm, he argued that, due to his imprisonment in Germany, he no longer had a place of residence in Vienna or Kitzbühel and that legal proceedings in Austria were contrary to Union and fundamental rights. Braun has also seen its right to a fair trial in accordance with Article 6 of the European Convention on Human Rights (ECHR) at risk and has sought the initiation of a preliminary ruling procedure at the European Court of Justice.
The Innsbruck Higher Regional Court confirmed with a final decision from yesterday, Thursday, that “there is no doubt” that. Therefore, it is also up to the Viennese courts to decide on claims for damages from the Wirecard scandal. According to the Innsbruck Higher Regional Court, there is no basis for initiating preliminary ruling proceedings at the ECJ.
“The fact that the dispute over jurisdiction could be resolved so quickly and that Markus Braun now has to face the injured investors before the Austrian courts is gratifying for the plaintiffs and creates legal certainty,” said Roman Taudes from Aigner / Lehner / Zusin. Wirecard aggrieved parties who have not yet become active advises Taudes to take action as soon as possible and to have claims checked in any case. “In addition to the filing of claims for damages in the insolvency proceedings of Wirecard AG, which have still been made for the aggrieved investors, the first lawsuits against Austrian banks that have issued derivatives on Wirecard AG are currently being initiated”, law firm partners Georg Zusatzin and Lukas Aigner have announced a.
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