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The Action to Set Aside under Stock Corporation Law in the Context of Structural Measures Reform Needed?


ISBN13: 9781509935239
To be Published: April 2022
Publisher: Hart Publishing
Country of Publication: Germany
Format: Hardback
Price: £120.00



The action to set aside is considered a protective instrument for shareholders in case of structural measures carried out by German stock corporations. This shareholder right has fallen into disrepute since 2005. At that time, shareholders started to exercise this right excessively because of the introduction of the squeeze-out. In 2009, the legislator therefore limited the action’s control function substantially. The question arises whether the right to fi le actions to set structural measures aside must undergo reform. This book explores the issue by studying legal problems connected with the right to challenge such measures, including by looking into practical cases.