A ruling by the Nuremberg Higher Regional Court clearly shows how important it is to invest in a good compliance system.
Failure to comply with the duty to control
In the case from Nuremberg, errors made by a company went undetected due to an inadequate compliance structure. The resulting damage could have been prevented by the dual control principle, according to the Nuremberg Higher Regional Court. The consequence: The managing director of the company is liable for all damages.
Avoid breaches of duty
Attorney Dr. Ulrich Möllenhoff also points out the embargo regulations in connection with the judgment described above. Managing directors should also be particularly attentive to prevent violations. Möllenhoff advises a four-eyes-principle in the goods list examination. With appropriate measures, insurance policies can also take effect.
Basic information on country-specific embargoes can be found in the fact sheet of the Federal Office of Economics and Export Control.
