(1) Where an action is brought against a resolution adopted by the general meeting as to an amendment of the by-laws in accordance with section 118a (1) sentence 1, as to a measure serving the procurement of capital, the reduction of capital (sections 182 to 240) or an inter-company agreement (sections 291 to 307), the court may establish by order, upon a petition having been filed by the company, that the fact of the action having been brought does not conflict with the entry of the resolution in the register and that deficiencies of the resolution adopted by the general meeting will not impact the effects of the entry. Unless stipulated otherwise, section 247, section 82, section 83 (1) and section 84 of the Code of Civil Procedure are to be applied accordingly to the proceedings, as are the provisions of the Code of Civil Procedure applying at the first level of jurisdiction to the proceedings before the regional courts. A senate of the higher regional court in the judicial district of which the company has its seat decides regarding the petition.
(2) A court order pursuant to subsection (1) will be delivered if:
1. the action is inadmissible or manifestly unfounded,
2. the plaintiff has failed to provide evidence by submitting the corresponding records and documents or by submitting the proof defined in section 67c (3), within one week of having served the petition, that they have been holding a stake of no less than 1,000 euros since the notice convening the assembly was published, or
3. the prompt entry into force of the resolution adopted by the general meeting appears to take precedence because the court holds, at its discretion and conviction, that the substantial disadvantages for the company and its stockholders as presented by the petitioner outweigh the disadvantages the respondent stands to suffer; this does not apply if the violation of the law is particularly grave.
(3) Transferring the matter to a judge sitting alone is precluded; no conciliation hearing is required. In urgent cases, a hearing for oral argument may be forgone. The facts and circumstances brought before the court, by reason of which the court order may be delivered, are to be demonstrated to the satisfaction of the court. There is no right of appeal against the court order. The order is binding upon the court of registration; the establishment by the court that the entry is final and non-appealable will take effect for and against any entity or individual. The court order as a rule is to be delivered not later than three months after the petition has been filed; the reasons for any delays to the decision are to be provided in a court order against which there is no right of appeal.
(4) If the action is found to be well-founded, then the company that has obtained the court order will be under obligation to compensate the respondent for the damages that the latter has suffered as a result of the resolution adopted by the general meeting having been registered based on the court order. Once it has been registered, any deficiencies of the resolution will not affect its implementation; no demand may be made to cancel the effects of entering the resolution in the register, also not by way of compensation of damages.