Aktionärsschutz in der AG falsch verstanden? Die Leica-Entscheidung des LG Frankfurt am Main
AbstractThis article analyses the recent Leica judgement of the Higher Regional Court Frankfurt/Main and its consequences. In this judgement, the court has established an infringement of special formal requirements with respect to Leica´s invitation to the Annual General Meeting which, if correct, would bear dire consequences for a variety of listed companies, even in DAX. On the other hand, there is a recent decision of the Higher Regional Court Munich in a similar case concerning Hypovereinsbank, coming to the opposite conclusion. Besides the fact that, in the opinion of the authors, the Leica decision not only is legally unfounded and based on a completely unbalanced evaluation of formalistic requirements, it again proves the formalistic approach of German stock corporation law and leaves companies, especially with a respective regulation in their articles of association, their advisors and investors in a situation of uncertainty that has to be clarified urgently by the legislator. --
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Bibliographic InfoPaper provided by Frankfurt School of Finance and Management in its series Frankfurt School - Working Paper Series with number 104.
Date of creation: 2008
Date of revision:
Annual general meeting; invitation; power of attorney; authorization; written form; Leica; Hypovereinsbank; Wella;
Find related papers by JEL classification:
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
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- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
- K29 - Law and Economics - - Regulation and Business Law - - - Other
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