On what legal basis can damages be claimed from EY?

Our law­suit against EY is es­sen­tially based on the cir­cum­stance of miss­ing bal­ance con­firm­a­tions and the is­su­ance of a culp­ably false audit cer­ti­fic­ate for the con­sol­id­ated fin­an­cial state­ments of Wir­e­card AG. EY is there­fore li­able to in­vestors for in­ten­tional im­moral dam­age in ac­cord­ance with Sec­tion 826 of the Ger­man Civil Code (BGB) and in ac­cord­ance with the prin­ciples of the agree­ment with pro­tect­ive ef­fects in fa­vour of third parties in ac­cord­ance with Sec­tion 311 (3) of the Ger­man Civil Code (BGB).