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Interim injunction as (additional and quick) protection of the shareholder position

from | 23 Jun 2023

In shareholder disputes, the redemption of shares often follows the preliminary failure of negotiations and means the transition to legal proceedings. Many details must be taken into account when passing a resolution. The formal and procedural requirements for the resolution must be observed and documented. For the resolution to be effective, there must be good cause in the person of the shareholder to be excluded. If not all the requirements for the effectiveness of the resolution to withdraw are met, the resolution is null and void or can be challenged in any case - the shareholder concerned therefore remains a shareholder.

However, the shareholder concerned is threatened with trouble if the management of the company nevertheless carries out the redemption and submits an amended list of shareholders to the Commercial Register. The remaining shareholders can then effectively pass resolutions with reference to this amended list of shareholders without the involvement of the shareholder concerned. The affected shareholder should therefore not limit himself to a lawsuit, but should defend himself with an interim injunction and thus secure his shareholder position for the time being until the end of the action for rescission or nullity.

And the courts usually act quickly on an application for a temporary injunction, as was recently the case with the Karlsruhe Regional Court, which issued the temporary injunction two days after the application was filed (Karlsruhe Regional Court, order of February 27, 2023, file no. 13 O 13/23).

Author of this article and


Dr. Philipp Bollacher

Dr. Philipp Bollacher

Attorney at Law | Specialist in Commercial & Corporate Law