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17.7.2010 |
EN |
Official Journal of the European Union |
C 195/3 |
Reference for a preliminary ruling from the Landgericht Munich I (Germany) lodged on 21 April 2010 — Robert Nicolaus Abt, Daniela Kalwarowskyj, Mangusta Beteiligungs GmbH, Karsten Trippel, VC-Services GmbH, Henning Hahmann v Hypo Real Estate Holding AG
(Case C-194/10)
2010/C 195/06
Language of the case: German
Referring court
Landgericht Munich I
Parties to the main proceedings
Applicants: Robert Nicolaus Abt, Daniela Kalwarowskyj, Mangusta Beteiligungs GmbH, Karsten Trippel, VC-Services GmbH, Henning Hahmann
Defendant: Hypo Real Estate Holding AG
Interveners: Klaus E.H. Zapf, Inge Jung-Arend
Questions referred
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1. |
Is Article 5(1) of Directive 2007/36/EC (1) already to be applied, on account of the requirement under European law to refrain from measures liable to compromise a directive, where the national legislature has enacted a measure that will cease to have effect on the expiry of the transposition period but which, during that period, permits the period for convening a general meeting to be shortened to one day, where the general meeting passes a resolution (to increase the capital, subscriptions rights being excluded) that, on statutory grounds, remains valid after registration in the commercial register even if that resolution is annulled on the basis of a successful action for annulment? |
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2. |
If that question is answered in the affirmative: may the infringement of Article 5(1) of Directive 2007/36/EC be justified by Community law requirements, in particular Article 297 EC? |
(1) Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies; OJ 2007 L 184, p. 17.