Manager liability at Bilfinger: Wilsing vs. Hoffmann-Becking

Bilfinger Managerhaftung

Do twelve former Bilfinger Executive Board members have to pay damages because they have done too little against corruption and thus caused the company several scandals? Two luminaries of their guild have different views: Hans-Ulrich Wilsing (Linklaters) sees “serious breaches of duty”, Michael Hoffmann-Becking (Hengeler Mueller) considers the failures to be manageable. The Bilfinger Supervisory Board has therefore commissioned a third expert opinion on manager liability, this time from Matthias Habersack, Professor at the Ludwig Maximilian University in Munich.

Ex-CEO Roland Koch: too long on the pillory

Habersack “support the view” of Wilsing, reports now the Handelsblatt. Bilfinger is therefore initially planning a “dialogue” with the managers around the former CEO Roland Koch. We think It should have started a long time ago. And the battle of experts also gives the impression that Supervisory Board Chairman Eckhard Cordes and his team have difficulty making clear decisions. This does not do justice to the matter – nor to the ex-executive boards. For they have already been pilloried for a year without any clarification coming closer.