The supervisory board of a limited liability company did not follow the recommendations of the shareholder and did not elect a delegate of the shareholder as chairman. Instead, an employee representative was elected as the company's first man. The shareholder considered this inadmissible and brought an action against the election. The OLG Cologne (09.05.2019, 18 Wx 4/19) dismissed the action, stating that neither the law nor the company's articles of association stipulated that a representative of the capital had to be the chairman of the supervisory board.