Thousands of Wirecard investors claimed in a KapMuG model case that EY is liable to them for its unqualified audit certificates for fiscal years 2014 to 2018.

Why this label

On 14 March 2022 the Munich Regional Court I referred the investors' findings to the Bavarian Supreme Court^S4. On 28 February 2025, file 101 Kap 1/22, that court rejected all findings sought against the auditor as not admissible in the model case^S4. It held that the audited company, not the auditor, informs the capital market^S4. BondGuide and the model claimant's lawyers reported on 23 October 2026 that the Federal Court of Justice upheld this and ended the model case against EY^S6S7. These are procedural rulings, not decisions on liability. Individual suits are set to resume in the Munich courts^S7. The Federal Court of Justice decision and its file number were not found on an official page.

Current procedural position

Partial model decision of the Bavarian Supreme Court of 28 February 2025^S4, upheld by the Federal Court of Justice as reported on 23 October 2026^S6S7. Model case against EY ended. Individual damages suits pending as of October 2026.

Evidence score: 59 of 100

The score grades how well the record establishes this assessment. It is not a score of Ernst & Young GmbH Wirtschaftsprüfungsgesellschaft. Score = source authority + directness + corroboration + procedural accuracy + currency + reproducibility.

Timeline

1. 14 March 2022Munich Regional Court I refers the model case^S4
2. 28 February 2025Bavarian Supreme Court rejects findings against EY as not admissible^S4
3. 23 October 2026Federal Court of Justice ruling ending the model case against EY reported^S6S7

Related cases

• Wirecard investors (model claimant) v. Ernst & Young GmbH Wirtschaftsprüfungsgesellschaft and othersBayerisches Oberstes Landesgericht. Civil. 101 Kap 1/22.Stage: Model case against EY ended after the Federal Court of Justice upheld the partial model decision, as reported on 23 October 2026.
  • 28 February 2025 Findings sought against the auditor rejected as not admissible in the model case^S4
  • 23 October 2026 Federal Court of Justice ruling upholding that outcome reported^S6S7

Revision history

• 25 October 2026 Assessment first published with label Unresolved.

Have a record that changes this assessment? See corrections and responses.

Sources

1. S4Tier A Teil-Musterentscheid im Wirecard-KapMuG-Verfahren vom 28. Februar 2025Bayerisches Oberstes Landesgericht. Government press release. 28 February 2025.Court press release 1 of 2025 on the partial model decision, file 101 Kap 1/22. It does not decide liability and predates the federal appeal.Link working, checked 25 October 2026
2. S7Tier B Anlegerklagen in Sachen Wirecard: BGH entlässt EY aus dem Musterverfahren Die Anwälte des Musterklägers begrüßen die EntscheidungSchirp Schmidt-Morsbach Rechtsanwälte PartG mbB via EQS News on onvista. Company statement. 23 October 2026.Statement by the model claimant's lawyers, a party view. Supports the end of the model case and their plan to resume individual suits.Link working, checked 25 October 2026
3. S6Tier C BGH beendet Musterverfahren gegen EY im Fall WirecardBondGuide. Press report. 23 October 2026.Report by Falko Bozicevic on the Federal Court of Justice ruling. It gives no decision date or file number.Link working, checked 25 October 2026

Other claims about Ernst & Young GmbH Wirtschaftsprüfungsgesellschaft

• Supported77
  Reports in April 2023 said the German audit oversight body APAS found professional duty violations in EY's Wirecard audits and barred it for two years from new listed audit clients.
  Press report, 3 April 20235 records citedAccounting
• Partly supported69
  EY said in June 2020 that there were clear indications of an elaborate and sophisticated fraud at Wirecard aimed at deliberate deception, presenting itself as deceived.
  Company statement, 25 June 20202 records citedFraud