The Higher Regional Court of Munich clarified in its decision of 19.1.2022 (7 U 3250/20) that in the case of a GbR, in contrast to a registered commercial partnership (OHG), it is not possible to bring an action for exclusion under § 140 HGB. What is required is a unanimous shareholder resolution pursuant to § 737 BGB, which is communicated to the shareholder to be excluded. It is unanimously understood that the person to be excluded has no voting rights.