Two developments give reason to take a closer look at the possibility of excluding minority shareholders that has existed since the introduction of the Shareholder Exclusion Act in 2006.

 

On the one hand, in a decision from April 2019, the Supreme Court clarified the question of the contestability of exclusion decisions and essentially made it clear that they can only be challenged on formal grounds. On the other hand, with the regulations of the AktRÄG 2019, which have mainly been in force since June 2019, changes were made in the area of ​​the procedure for reviewing the cash compensation to be granted in the event of shareholder exclusion.

We would like to briefly provide you with the main results of the current case law as well as the changes brought about by AktRÄG 2019 together with an overview of the fundamentally unchanged exclusion procedure in our current newsletter present.

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