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=S=> BGB 839. 1 If an official intentionally or negligently breaches the official duty incumbent upon him in relation to a third party , then he must compensate the third party for damage arising from this . If the official is only responsible because of negligence , then he may only be held liable if the injured person is not able to obtain compensation in another way .
=S=> BGB 839. 2 If an official breaches his official duties in a judgment in a legal matter , then he is only responsible for any damage arising from this if the breach of duty consists in a criminal offence . This provision is not applicable to refusal or delay that is in breach of duty in exercising a public function .
=S=> BGB 839. 3 Liability for damage does not arise if the injured person has intentionally or negligently failed to avert the damage by having recourse to appeal .
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