(1) Where a member of the supervisory board enters into obligation in relation to the company, outside of their activities in the supervisory board, under a service agreement that does not establish an employment relationship, or under a contract for work and services directed at the achievement of a particular result, to perform activities of a higher nature, the contract’s effectiveness will be contingent on the supervisory board’s consent.
(2) Where, based on such contract, the company grants remuneration to the member of the supervisory board without the supervisory board having consented to the contract, the member of the supervisory board is to repay the remuneration unless the supervisory board authorises the contract. Any claim the member of the supervisory board may have against the company to having the enrichment achieved by the activities performed surrendered to them will remain unaffected; however, this claim may not be set off from the claim to restitution.