Facts
The case concerns the liability of Bank D. for incorrect credit information about company B. provided to A. GmbH. A. GmbH intended to conclude a commercial transaction with company B. and obtained credit information about company B. from Bank D. Bank D. then provided information that did not give any details about the financial situation of company B., but recommended the business relationship. Based on this information, A. GmbH concluded the contract with company B., which, however, went bankrupt shortly afterwards. A. GmbH assigned its claims against Bank D. to the plaintiff X., who then filed a lawsuit against Bank D.
Considerations
The Federal Supreme Court states that as a provider of information about its customers, Bank D. has a special duty of care. It must not intentionally assert false facts or carelessly provide information whose inaccuracy or imprecision is readily apparent to it. Concealing material facts can also constitute unlawful provision of information.
The Federal Supreme Court notes that due to its special position of trust with the public, Bank D. was obliged to provide the information truthfully and carefully. It must be taken into account that the information could have far-reaching consequences for the addressee, i.e., A. GmbH.
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