Landgericht Leipzig condemned Commerzbank AG banks must certificates even the risk of a total loss as a result of insolvency of the issuer enlighten about, if there is no increased risk of insolvency. Judgment of the 16.06.2011 – REF. 04 O 3542/10 – with the District Court of Leipzig the Commerzbank AG sentenced, to replace the loss suffered through 3 different certificates of Dresdner Bank and UBS more than 33,000 an investor represented by me, because their staff clarified my clients in any of the counseling sessions in that a total loss can occur when you use certificates in the event of insolvency of the issuer. The Court in the judgment, that the defendant, was even obliged, if the Inslovenzrisiko may have appeared relatively low. That this risk is not even mentioned with a single sentence, constitute a serious error of advice. I think the verdict because this risk was not known to most investors before the collapse of Lehman Brothers, because they already didn’t know, that there is a certificate to a bond and not to a safe bank deposit.
Also in favour of a duty of disclosure, that is pointed in the flyers and prospectuses on the insolvency risk. This shows that it is this cannot be a trifle, as well the collapse of Lehman Brothers has shown clear. However, the vast number of courts considers that a bank insolvency risk must educate only, if either there is an increased risk of insolvency of the issuer or investor asks for the insolvency risk. It is therefore likely that Commerzbank against the ruling will be appealed.