Tortious liability of a public limited company, based on OGH GesRZ 2016, 68

Using a practical case of investor damage, this book aims to illustrate the complexity of claims under capital market and stock exchange law and to highlight the problems arising from gaps in the legislation. The case in question concerns misleading ad hoc announcements made in connection with capital increases by Company A. Ltd (registered in the Channel Islands of Jersey). The ad hoc announcements stated that the certificates had been successfully placed with private and institutional investors. The plaintiff relied on the accuracy of the ad hoc announcements and subsequently invested generously in securities of A Ltd. After the acquisition of the securities, there was a significant drop in the share price. The investor subsequently sought reimbursement of his investment from the issuing bank (defendant) in exchange for the return of his certificates in A Ltd. The defendant, in turn, contested the judgment, arguing that it did not have passive legal standing and that it was not obliged to make ad hoc disclosures. This book presents the possible bases for claims that should enable the aggrieved investor to obtain compensation for his loss.