(1) Where a stockholder, the management board or a member of the management board or of the supervisory board brings an action against the company to have a resolution adopted by a general meeting declared null and void, section 246 (2), (3) sentences 1 to 5, (4), sections 246a, 247, 248 and 248a will apply accordingly. The assertion of nullity by some other manner than bringing an action is not precluded. Where the resolution adopted by the general meeting creates the pre-requisites for a transformation pursuant to section 1 of the Transformation Act and the resolution as to the transformation has been registered, section 20 (2) of the Transformation Act applies accordingly to the resolution adopted by the general meeting.
(2) Several annulment proceedings are to be consolidated such that their hearings for oral argument and the decisions taken by the court coincide. Annulment proceedings and avoidance proceedings may be consolidated.
Subdivision 2
Nullity of certain resolutions adopted by the general meeting