31 Concluding remarks

To sum up, the rules governing the adaptation or clawback of remuneration from executives should primarily contribute to bringing the remuneration in retrospect into line with the responsibility that an executive has with regard to the company and its related enterprise. A similar situation can be seen in the other countries investigated. These rules could play a role in correcting the unreasonable results primarily related to exceptional circumstances. A certain degree of legal certainty for the executive requires that adaptation may only take place when the payment or retention of the remuneration is unacceptable on the grounds of reasonableness and fairness. These rules are generally unsuitable for playing a prominent role in the resolution of the highlighted key issues.