(1) If members of organs or special representatives act free of charge, or if they receive remuneration for their activity which does not exceed 840 euros per year, they are liable towards the association for damage caused in performing their duties only in case of intent or gross negligence. Sentence 1 also applies to liability towards the members of the association. If it is in dispute as to whether a member of an organ or a special representative has caused damage with intent or gross negligence, then the burden of proof is on the association or on the member of the association.
(2) If members of organs or special representatives are obliged under subsection (1) sentence 1 to provide to another party compensation for damage which they caused in performing their duties, they may demand that the association release them from the obligation. Sentence 1 does not apply if the damage was caused with intent or gross negligence.