Skrastiņš and Dzenis successfully defended the interests of the client, a joint stock company, in the civil proceedings against a Member of the Council of the company who had dishonestly used his rights.
During a Council meeting, the Member of the Council, participating remotely, refused to decide and vote on several important issues of the company, including changes in the composition of the Board. Subsequently, after the Board’s changes were registered in the Commercial Register, the Member of the Council filed a lawsuit to declare the Council’s decision invalid and impose an obligation on the company to amend the relevant entry in the Commercial Register.
After evaluating the actual circumstances of the case and the documents submitted by the parties, the court acknowledged that the refusal of the Member of the Council to participate and vote in the Council meeting was unreasonable. As a result, the court decided to completely reject the claim.
This case represents a new turning point in case law concerning decision-making by the company’s institutions, and the outcome confirms the expertise of our office in corporate law.
The client was advised and represented by partner Vigo Krastiņš and attorney-at-law Jekaterina Kalniņa.