When companies can invoke “force majeure”.

Dusseldorf The cyber attack on the oil companies Oiltanking and Mabanaft in Germany recently showed how hackers with malware can paralyze the operations of companies and their business partners. In this specific case, hundreds of gas stations could temporarily no longer be supplied. In addition to sensitive sales losses, there are legal consequences.

Oiltanking and Mabanaft have invoked “force majeure” (international: force majeure) vis-à-vis their business partners. In the event of force majeure, the contractual obligations generally do not apply. Goods do not have to be delivered, delays are no longer penalized. Compensation for damages also does not apply.

But are cyber attacks actually force majeure? Regardless of the Oiltanking case, the answer is important for every medium-sized and large corporation.

According to the Federal Court of Justice, force majeure is “an event that comes from outside, has no operational connection and cannot be averted even with the utmost care that could reasonably be expected”.