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Publication: Christoph Diregger analyzes the scope and limits of preliminary injunctions in shareholder disputes

07 December 2023

In a recent decision, the Austrian Supreme Court (6 Ob 124/22m) once again deals with the question of the extent to which a trustor can take action against the disingenuous acquirer with a preliminary injunction if a share held in trust is sold to a third party in breach of duty. Such constellations are not uncommon in shareholder disputes.

Although the Court has resolved this case purely procedurally, interim injunctions aimed at a general prohibition of voting on the acquisition are likely to be subject to stricter requirements in the future.

In his article, DSC partner Christoph Diregger takes the decision as an opportunity to analyze the scope and limits of preliminary injunctions in shareholder disputes.

The article has been published in GesRZ (Der Gesellschafter - Zeitschrift für Gesellschafts- und Unternehmensrecht), published by Linde Verlag.

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