Suspension of decisions  of  bodies 

In cases which he considers urgent,  the  president  of  the  Company  Court  may,  at  the request of the legal person or of a person who has an interest in compliance with the disregarded rule of law, order an interim injunction to suspend a decision if the grounds invoked can justify prima facie the annulment of the contested  decision.

The request for suspension is brought before the judge hearing the application for  interim measures under the conditions of jurisdiction and substance of common law: namely urgency and the appearance of law. In addition, the measure requested must be of a provisional nature, but it is not required that an action on the merits has already been brought.

The following shall be accepted as grounds for suspension:

  • The absence of convocation of the majority shareholder (combined with the absence of proof of convocation of the other shareholders);
  • The violation of a prima facie agreement to transfer shares; and
  • Abuse of  rights  by  shareholders,  acting  in  disregard  of  the  company’s  interests and survival.

Related Topic Posts

Please note that this knowledge portal is still under development.


We use technical cookies to ensure the proper functioning of the site, we also use cookies subject to your consent to collect visit statistics. Settings Accept

Tracking Cookies

We need this to streamline your experience on our website.