Court tilts subordinate clause: Investors wins 610,000 euros against Cleanetech!

Court tilts subordinate clause: Investors wins 610,000 euros against Cleanetech!

An investor has achieved a significant legal victory over Cleanetech Infrastructure GmbH before the Frankfurt am Main Regional Court. On November 25, 2024, the company was sentenced to reimbursement of 610,000 euros plus interest and attorney costs (file number: 2-01 O 70/24). The plaintiff had invested in Cleanetech Infrastructure GmbH in 2018 and 2019, the total value of which amounted to 610,000 euros.

In the declaration of drawing, a subordinate clause was integrated, the said that the investor's claims would withdraw behind all other creditors. In 2024, the investor then terminated the contracts and called for the repayment of his invested amounts and the incurred interest in the amount of 11,714 euros. However, Cleantech Infrastructure GmbH refused to repay with the reference to the subordinate clause and stated that there was not sufficient liquidity to comply with the claim.

court judgment on subordinate clause

The Frankfurt Regional Court found in its judgment that the subordinate clause was considered ineffective. The court decided to give the investor a repayment claim. The judges argued that the bond gave the appearance of a conventional bond, but this was associated with a higher risk in the event of bankruptcy. The issuer was obliged to point out this higher risk clearly and transparently.

In another context, experts report on the risks of subordinated loans. For example, many investors are often not sufficiently informed about the associated risks, although this form of investment is partially presented as a safe retirement provision. In the event of bankruptcy, investors are subordinate to regular creditors in subordinated loans, which often leads to a total loss. Incoming information about the risks is imperative to make informed decisions.

For investors who are affected by similar situations, it can be advisable to have their claims checked for compensation. This topic was also in an article on AdvoadVice.de Subsequent loan is reported.