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VIP Media Funds 3: Commerzbank convicted of negligent advice before the Higher Regional Court of Karlsruhe

The Higher Regional Court (OLG) Karlsruhe, Commerzbank to pay damages because of duty of disclosure violations in connection with the placement of investments sentenced at the Film & Entertainment VIP Medienfonds 3 GmbH & Co. KG to a payment of € 52500.00 against transmission of the media fund participation of nominal EUR 50,000.00.

In its final decision of 11.16.2010 (ref. 17 U 22/10) led the OLG Karlsruhe that Commerzbank AG was required as a consultant, to inform their customers that they and in what amount to the distribution of participation had received a commission. According to lawyer Dr. Tamara Knöpfel of the BSZ association investor protection law firm lawyers Witt, Heidelberg - Berlin, the method successfully on appeal led the OLG Karlsruhe is thus in line with the jurisprudence of the Federal Court. Indeed, in the past repeatedly stated that a bank as part of the counsel inform their customers of the need that it receives for the sale of investments of any kind, including real estate fund investments, etc., reimbursements from third parties. This also applies to media fund investments.

The decision of the OLG Karlsruhe strengthens but for another reason, the rights of investors: the Karlsruhe Court noted, namely, that the listing of the VIP Media Funds 3 is misleading because the fund is referred to herein as a "guarantee fund". This create the false impression that the investment amount was covered by a warranty. However, this was not the case. According to the Higher Regional Court of Karlsruhe, an investment adviser was required, an interested person who wanted to participate in a media fund VIP 3, clearly acknowledge the risks of participation. If this is not done, there may be claims against the investment consultants.

caution with regard to a possible limitation of claims in connection with such wrong advice. "There are different time limits that may apply here" shares a lawyer with Dr. Tamara Knöpfel.

concerned investors may participate in the community of interest BSZ eV VIP .

photo, lawyer and legal counsel Hans Witt BSZ eV

BSZ ® federation for social and civil rights consciousness eV

Lagerstr. 49

64807 Phone: 06071-9816810

Internet: http://www.fachanwalt-hotline.eu/

This text is the contribution from 3.8.2011 again. Possible future changes of the facts are not considered