Aktionärsschutz in der AG falsch verstanden?Die Leica-Entscheidung des LG Frankfurt am Main

This article analyses the recent Leica judgement of the Higher Regional Court Frankfurt/Mainand its consequences. In this judgement, the court has established an infringement of specialformal requirements with respect to Leica´s invitation to the Annual General Meeting which,if correct, would bear dire consequences for a variety of listed companies, even in DAX. Onthe other hand, there is a recent decision of the Higher Regional Court Munich in a similarcase concerning Hypovereinsbank, coming to the opposite conclusion.Besides the fact that, in the opinion of the authors, the Leica decision not only is legally unfoundedand based on a completely unbalanced evaluation of formalistic requirements, itagain proves the formalistic approach of German stock corporation law and leaves companies,especially with a respective regulation in their articles of association, their advisors and investorsin a situation of uncertainty that has to be clarified urgently by the legislator.