Thursday, March 3, 2011

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Schadensersatzklage gegenüber dem Geschäftsführer

of limitation

The director of a GmbH required a worker to work overtime, which did not conform to current regulations and which were not included in the payroll of the individual. The employee made his claim by registered letter claimed, the company was subsequently sentenced to pay compensation.

More than three years after claiming the company made by the employee from her in the meantime, the retired CEO Damages for his misconduct claim. The suit was dismissed because of statute of limitations.

in the above case, the existing three-year limitation period began with the letter calling the employee, which is not correct measure of the manager was shown. From that date the company of the compensable event was known, so the three-year limitation period began. The damage to the company was founded not only by the conviction - it was simply the result of the inappropriate actions of the manager.

The above ruling of the Administrative Court of Versailles, 30 September 2010 serves to emphasize which is important for the limitation period distinction between misconduct and injury to.

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