The JDP Corporate Disputes / Post-M&A team represented an operating joint-stock company in proceedings that sought to challenge a general meeting resolution. The challenging party stated that allegedly he had been a company shareholder wrongfully not allowed to attend a general meeting. However, in the judgment obtained by JDP, both the lower and upper courts confirmed the validity of the general meeting.
The challenging party along with the persons purporting to be company shareholders claimed that the general meeting had been invalid as the meeting had been convened and held by unauthorised persons and the genuine company shareholders had not attended the meeting. Importantly, in his lawsuit, the claimant alleged that he had not been allowed to participate in the meeting, but during the proceedings he changed his position claiming that he had not attended the meeting as he had known that he would not have been allowed to participate.
JDP represented the client throughout the entire proceedings: submission of the lawsuit along with a motion for an injunction through the dismissal of the motion for an injunction and the lawsuit by the I instance court to the dismissal of the appeal.
During the proceedings, a range of legal matters emerged. However, despite the convoluted arguments of the opposing party, the courts decided these issues in favour of the company sharing the arguments presented by JDP.
On appeal, an attorney representing the persons purporting to be the company’s management board members tried to accede to the proceedings. Nonetheless, the court shared the argumentation presented by JDP and refused to allow the alleged attorney to participate in the proceedings, confirming thereby the validity of the management board’s authority that the opposing party unsuccessfully tried to question.
The case was handled by: dr Marcin Chomiuk (attorney-at-law, Partner), Piotr Duma (attorney-at-law, Counsel), Adrian Andrychowski (attorney-at-law, Counsel) and Tomasz Krawczyk (Associate).