After a long judicial battle, the Court finally confirmed the conception of the Munich firm Cape lawyers. Munich, 01.12.2011; The Court confirmed during today’s proceedings before the 6th civil Senate of the Hanseatic Higher Regional Court (OLG Hamburg), after a long judicial battle finally the opinion of the Munich firm Cape lawyers: the prospectus of ALAG auto-Mobil GmbH & co. KG is incorrect! After now by the higher regional court confirmed opinion Anja Appelt and Thorsten Krause both partners of the law firm of Cape, attorneys at law, the prospectus contains no proper education to repay of the remaining distributions possible according to 16 of the articles of Association. Just in terms of the to be found there again note that there is no margin obligation, the information are insufficient and so misleading, so the Court of appeal. The consequence of this notion of investor protection lawyers such as Cape is lawyers in Munich, that so-called classic contracts the aggrieved investors entitled to repayment of his system compared to the ALAG. Attorney for banking and capital market law Anja Appelt added: “even more he must not payments to the company. He must be so, as he had never signed the contracts.
All because the ALAG lately massively had written to investors and had demanded the repayment of distributions of these, this is a very positive sign”. With regard to the Sprint rates contracts a prospectus errors due to the incorrect representation of the removal effect comes according to the Hanseatic Higher Regional Court not taken into consideration. But then, so it continues, evidence on the content of the consultation must be carried in each individual case. “Such evidence not, proves the existence of a false advice the Court of appeal to our complaints continues, that an expert opinion on the issue, the designs backed by us with its opinion, to the Unplausibilitat of the model are obtained would have to.