(1) An action may be brought to set aside the election of a member of the supervisory board by the general meeting, on grounds of the law or the by-laws having been violated. Where the general meeting is bound to nominations, the action to set aside the election may also be based on the nomination having come about unlawfully. Section 243 (4) and section 244 apply.
(2) Section 245 sentence 1 nos. 1, 2 and 4 as well as sentence 2 applies to the authority to bring an action to set aside the election. Any works council of an operation of the company, any union represented in the operations of the company or the union’s umbrella organisation may bring an action to set aside the election of a member of the supervisory board who has been elected pursuant to the stipulations of the Act on Employee Co-Determination in the Iron- and Steel-Producing Industry upon having been nominated by the works councils. Any member of the supervisory board may also bring an action to set aside the election of a further member who has been elected pursuant to the stipulations of the Act on Employee Co-Determination in the Iron- and Steel-Producing Industry or the Supplementary Co-determination Act upon having been nominated by the remaining members of the supervisory board.
(3) Sections 246, 247, 248 (1) sentence 2 and section 248a apply to the proceedings concerning the action to set aside the election.