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Germany: Jurisdiction of the commercial section of the court to challenge the shareholders’ resolutions of a German limited liability company (GmbH)

Company law

Germany: Jurisdiction of the commercial section of the court to challenge the shareholders’ resolutions of a German limited liability company (GmbH)

In the Court’s view, exclusive jurisdiction derives from the corresponding application of § 246, section 3, sentence 2 of the German Stock Corporation Act (AktG). Such appeals must therefore be referred ex officio to the commercial section of the court at every stage of the proceedings, without the need for an application by either party.