Abstract

Th e commented seven-judge bench Supreme Court resolution of 18 September 2013 is one of the most signifi cant in recent years for the functioning of commercial companies. Th e Supreme Court resolved therein two issues of paramount importance. Th e fi rst one concerns the legal eff ects of the sanction concerning an unlawful resolution of the shareholders’ meeting as well as the nature of court rulings passed in favor of an action for declaring it invalid. Th e second issue concerns the system of challenging resolutions of the management board and the audit committee in limited liability companies, and of the management board and the supervisory board in joint-stock companies.