EnBW intra-company legal actions: Former Chief Technical Officer and Clifford obtain a dismissal

While catching up its controversial Russia business the energy provider EnBW has suffered a drawback. In the course of the proceedings against the former Chief Technical Officer, Thomas Hartkopf, the Regional Court in Heidelberg has dismissed the action for damages initiated by the company.

Hartkopf is one of four former EnBW managers, who were sued by the energy provider for damages amounting to millions due to participating in disputed nuclear business. In the action before the Regional Court in Heidelberg, Hartkopf had not been the defendant because of his tasks as Chief Technical Officer, but as former chairman of the Supervisory Board of EnKK, a subsidiary of EnBW.

The energy provider accused him of breach of duty, because he had not correctly supervised the business with the Russian Andrey Bykov. The claim against him was above all based on one sentence in the 2007 audit report, which stated that the chairman of the Supervisory Board had been informed. However, testimonies during the oral hearing in September 2013 indicated that Hartkopf did not have direct knowledge about the specific events.

With the project “Katharina”, EnBW wanted to establish, with Russian support at that time, a system to monitor and secure the transport of radioactive material. EnBW should assume a third of 45 million euros. In return, nuclear fuels were promised. Andrey Bykov, against whom EnBW conducts several arbitration proceedings, had established the contacts in Russia. Here, too, not all of the proceedings shall be terminated.

Altogether EnBW is claim 200 million euros from the former managers and their D&O insurer AIG. Already, in spring, the group had lost the proceedings against the former managing director of the nuclear plant Obrigheim, Mr. Konrad Schauer. The civil actions against Wolfgang Heni, the former managing director of EnKK (Regional Court in Heilbronn) as well as against the current EnBW Chief Technical Officer Hans-Josef Zimmer (Regional Court in Landau) have currently been suspended. Criminal investigation proceedings are being led against both defendants.

Legal representatives EnBW

Freshfields Bruckhaus Deringer: Dr. Michael Rohls (conflict resolution; München), Dr. Andreas Fabritius (corporate law); Associate: Dr. Martin Mekat (conflict resolution; both Frankfurt)
Inhouse (Stuttgart): Michael Rummer

Legal representatives Thomas Hartkopf

Clifford Chance (Frankfurt): Sebastian Rakob, Uwe Hornung; Associate: Miriam Lichstein (all conflict resolution)

Legal representatives AIG

BLD Bach Langheid Dallmayr (Köln): Björn Seitz (insurance law)

Regional Court in Heidelberg, Chamber for Commercial Matters
Renate Rohde (presiding judge)

Background: Freshfields represents EnBW in all actions against officers. Konrad Schauer was represented by CMS Hasche Sigle partners Dr. Dorothee Ruckteschler and Dr. Thomas Lennarz in the proceedings before the Regional Court in Mosbach. It is also known that Wolfgang Heni is represented by Dr. Klaus Gerstenmaier and Dr. Hans-Georg Kauffeld of Haver & Mailänder. Hans-Josef Zimmer banks upon Dr. Oliver Sieg of Noerr. (Ulrike Barth)

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