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Feb. 28, 2008
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Decision of the District Court Hamburg on resolutions of the shareholders’ meeting of Thielert AG of August 1, 2007
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A shareholder of Thielert AG had filed an action of avoidance and to declare the nullity [Nichtigkeitsfeststellungs- und Anfechtungsklage] against the agenda items & underlying motions and resolutions on the occasion of the shareholders’ meeting of Thielert AG on August 1, 2007. The shareholder turned to the District Court Hamburg because she believed that she had not been informed sufficiently during the shareholders’ meeting. The District Court Hamburg served its decision of February 21, 2008, to Thielert AG on the evening of February 27, 2008. The resolutions of the ordinary shareholders’ meeting of Thielert AG of August 1, 2007, by which the actions of the members of the management board and of the supervisory board for the 2006 were ratified, were declared void. The District Court explained its decision by stating that the "statement of the fact in the form of keywords" was not able to clear all "information deficits".
Beyond this, the action was dismissed. The entire costs of the legal dispute are to be borne by the suing shareholder herself. It remains to be seen, whether the suing shareholder will appeal against the decision of the District Court Hamburg. Should this be the case, Thielert AG will examine, whether it will file a cross appeal in respect to the part burdening it.
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