Contestation of resolutions of the general meeting

(1) A resolution of the general meeting may be contested by action on the ground of breach of statute or of the statutes. The action must be brought within one month.
(2) Entitled to contest is every member who appeared at the general meeting, provided it declared objection to the resolution for the record, and every member who did not appear, provided it was wrongly refused admission to the general meeting, or bases the contestation on the ground that the convening of the meeting or the announcement of the subject matter of the resolution was not properly effected. Further, the management board and the supervisory board are entitled to contest, as is every member of the management board and the supervisory board, where it would, by the execution of the resolution, commit a criminal offence or a regulatory offence, or would become liable to compensate.
(2a) The contestation of a resolution of the general meeting under section 43b(1), numbers 2 to 4 cannot be based on breaches of statute or of the members' rights attributable to technical disturbances of the electronic communication, unless the cooperative is chargeable with intent or gross negligence. Subsections (1) and (2) remain unaffected.
(3) The action is to be directed against the cooperative. The cooperative is represented by the management board, insofar as it does not itself bring the action, and by the supervisory board, insofar as it does not itself bring the action; section 39(1), second sentence applies correspondingly. Exclusively competent for the action is the regional court in whose district the cooperative has its seat. The oral hearing does not take place before expiry of the period named in the first subsection. Several contestation proceedings are to be joined for simultaneous hearing and decision.
(4) The bringing of the action, and the date for the oral hearing, are to be published without delay by the management board in the gazettes designated for the cooperative's publications.
(5) Insofar as the resolution has been declared void by a final and binding judgment, that judgment is also effective as against the members of the cooperative who were not parties to the proceedings. Where the resolution is entered in the register of cooperatives, the management board must submit the judgment to the registry court and apply for its registration.