Claim for damages against former charmain

§ 8 VerG provides for the (incurable) inadmissibility of a legal claim for damages by an association against its former chairman for alleged misconduct. The statutes of the association are to be interpreted in the light of the fact that the tribunal of the association must be consulted first. Only in exceptional cases, for example, because of the prejudice of the members of the tribunal the case can be  directly referred to state courts . The fact that the tribunal of the association consists only of members of the association is a reason of bias. [OGH 18.05.2016, 5 Ob 251/15w]

• [“VerG“ is the Austrian Law on associations]