Geldbuße und Schadenersatz : Zivilrechtlicher Schadensausgleich vor den Schranken sanktionsrechtlicher Wertungen

Abstract

Whether a corporate fine can be recovered from the responsible manager is, in essence, a classic collision problem: The administrative fine, prima facie, aims to impose a burden on the corporation; the private law seems to want to direct this burden away from the corporation towards the acting officer. The author approaches the collision problem as such and with fresh eyes. An intensive discussion of the fundamentals of the concept of damages shows that this concept is only supposedly ruled by the difference hypothesis and secs. 249 et seq. BGB. Based on this, the author proves that the notion behind the sanctions law prevails over the compensation of damages. Accordingly, a corporate fine cannot be recovered.