A lawsuit brought by a Wirecard shareholder against Germany’s financial regulatory authority, BaFin, has been dismissed by the Higher Regional Court of Düsseldorf. The court announced Wednesday that its 18th Civil Senate found no grounds for a claim of damages resulting from alleged breaches of official duty by BaFin.
The plaintiff had purchased an additional 40 Wirecard shares in 2019 following BaFin’s implementation of a ban on short-selling and the filing of a criminal complaint against journalists at the Financial Times. She argued that these actions lulled her into a false sense of security. The Krefeld Regional Court had previously rejected the claim in July 2024.
The Higher Regional Court upheld this decision, stating that no negligent breach of official duty could be established, nor a causal link between BaFin’s actions and the plaintiff’s financial losses. The ruling is not yet final, as the plaintiff retains the right to file an appeal for non-admission of appeal with the Federal Court of Justice.