Knoetzl

CAN A SHAREHOLDER STOP THE MANAGEMENT FROM SELLING THE COMPANY’S ASSETS?

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Can the shareholder be stopped if he succeeds in obtaining a majority vote?

When disputes between shareholders escalate, one of the shareholders may be tempted to transfer the business to a new entity. Can the shareholder be stopped if he succeeds in obtaining a majority vote? THE FACTS: In a recent Austrian case, shareholder A (47.5%), sold the assets of a company with limited liability (GmbH) shortly after…

THE ELEVATOR CARTEL AND THE ECJ II: CASTING A WIDER NET OF PRIVATE ENFORCEMENT

Private Enforcement
The Elevator Cartel – Recoverability of State-Aid against Cartel Members

How far-reaching is the concept that “any person” who suffered cartel-related damages is entitled to claim compensation? Can public institutions who subsidized market participants also recover their losses from the cartel members? The Austrian Supreme Court asks the European Court of Justice (ECJ) for clarification. ELEVATOR CARTEL Civil liability cases stemming from the so-called elevator cartel…

Squeezing Out Minority Shareholders: Vested Interest vs Economic Interest

In a high-profile case of global interest, the Austrian Constitutional Court ruled on the Squeeze Out Act (the “Act”)  that was introduced in 2006. The Act, on its face, permits a squeeze-out of minority shareholders by shareholders holding at least 90% of the shares. Conspicuously over and above the EU requirements on squeeze-outs in takeovers, under…

Media in the Courtroom – Bettina Knoetzl Advocates for the Utilization of Litigation PR Experts

Litigation PR Experts; Media; Courtroom
Plädoyer für eine enge Zusammenarbeit zwischen Anwalt, Mandant und Litigation-PR-Experten Von Bettina Knoetzl

  In a recent article, published in Dispute Resolution magazine, Bettina Knoetzl highlights the importance of the cooperation between clients, legal representatives and litigation PR experts with all involved players when the media is present in the courtroom. The presence of the media and therefore the immediate publicity surrounding an ongoing legal battle leads to…

Liability of Managing Directors of a GmbH for Incorrect Financial Information and “Civil Fraud” – Austrian Supreme Court Ruling 6 Ob 244/17a

Director’s liability is a recurring issue in both the Austrian and German courts. One reason is that, when a company goes into bankruptcy, its receivers and creditors tend to look for alternative sources of funds, especially when the directors are covered by D&O Insurance. In this Austrian case, a buyer of equipment from a company that…