Outvoted Is No Excuse

From late autumn 1980, customers of a leather spray reported health damage. On 12 May 1981, the managing directors of the manufacturer met in a special session. The only item on the agenda was the damage reports. They decided unanimously not to order a full recall. In 1990 the Federal Court of Justice ruled on their responsibility. When several managing directors must decide on a recall together, each one is obliged alles ihm Mögliche und Zumutbare zu tun, um diese Entscheidung herbeizuführen, to do everything possible and reasonable to bring that decision about. A director who did not push for the recall is criminally liable. This holds even if the others would have outvoted him.

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