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Aktionärsschutz in der AG falsch verstanden?: die Leica-Entscheidung des LG Frankfurt am Main

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Author Info
Scholl, Wolfgang
Schanz, Kay-Michael
Abstract

This 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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Paper provided by Frankfurt School of Finance and Management in its series Frankfurt School - Working Paper Series with number 104.

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Date of creation: 2008
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Handle: RePEc:zbw:fsfmwp:104

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Web page: http://www.frankfurt-school.de/

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Related research
Keywords: 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
K19 - Law and Economics - - Basic Areas of Law - - - Other
K22 - Law and Economics - - Regulation and Business Law - - - Corporation and Securities Law
K29 - Law and Economics - - Regulation and Business Law - - - Other

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