In February 2025, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) will address the question of whether board members and managing directors are liable for fines for antitrust violations and claims for damages by third parties. This will be an appeal hearing to the landmark ruling of the Higher Regional Court (Oberlandesgericht, “OLG”) of Düsseldorf (ruling of 27 of July 2023, & U 1/22 (Kart)). We reported about the OLG Düsseldorf ruling in September 2023.

Although the question of corporate fines recourse primarily pertains to antitrust cases, the BGH's ruling is eagerly anticipated, and not just within the antitrust community. The ruling could also be of importance in relation to violations of the General Data Protection Regulation (“GDPR”), the German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz, “LkSG”) and the German Whistleblower Protection Act (Hinweisgeberschutzgesetz, “HinSchG”), which provide for the possibility of corporate fines. We will keep you updated regarding the outcome of the proceedings.

If you need more information or further guidance in this area, please contact Dr. Stephan Waldheim and Gitty Narymany Shandy. 

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