Die Passivlegitimation im Amtshaftungsrecht bei Handeln auf Weisung Buchkatalog

»The Liable Party in Public Liability Law in Case of Acting on Instructions, Illustrated by the Example of the Federal Executive Administration« Following the principles of public liability law, it is undisputed that complying with a binding illegal instruction cannot result in an official liability claim. In regard to the federal executive administration, it is, however, almost unanimously assumed that the Land is liable if it complies with an illegal instruction. This study shows that even in the federal executive administration the liable party must be determined based on personal responsibility.