Summary:
Members of management and supervision bodies of companies often encounter situations, when they must make a certain business decision in uncertain circumstances and based on certain assumptions and suppositions. A business decision therefore always carries a certain amount of risk that the decision subsequently turns out to be a bad one, even though in the beginning, it was considered beneficial for the company and was also accepted by members of management and supervision bodies in good faith that the decision will be beneficial for the company. In time of economic crisis the tendency to look for culprits for "bad" business decisions, made in the past, which brought the company financial difficulties, increases. That is why it is so important to separate unlawful conduct of members of management and supervision bodies (not acting in good faith, unlawful personal gain at the company's expense, acting in contradiction to the concepts of duty of care and duty of loyalty etc.) from business decisions that only subsequently turned out to be wrong and harmful for the company. In the latter, management cannot be reproached with unlawful action. If the belief arises, that executives could have made better decisions, this can be cause to replace members of the management and supervision bodies, but it is not cause in itself for their liability for the damages caused.