(1) The action must be brought within one month of the resolution having been adopted.
(2) The action is to be brought against the company. The company is represented by the management board and the supervisory board. Where the management board or a member of the management board is bringing the action, the company is represented by the supervisory board, where a member of the supervisory board is bringing the action, the company is represented by the management board.
(3) Exclusively that regional court has jurisdiction for the action in the judicial district of which the company has its seat. Where a division for commercial matters has been formed at the regional court, this will take the decision instead of the civil division. Section 148 (2) sentences 3 and 4 applies accordingly. The hearing for oral argument will not take place prior to expiry of the period of one month stipulated in subsection (1). The company may inspect a complaint filed, immediately upon the period of one month stipulated in subsection (1) having expired, already prior to its being served, and may have the court registry provide it with excerpts and copies. Several avoidance proceedings are to be consolidated such that their hearings for oral argument and the decisions taken by the court coincide.
(4) The management board is to give notice, without undue delay, in the company’s publications of record of the fact that the action has been brought. A stockholder may become involved in the action as a joint party only within one month of the notice having been published.