WDH: Syntellix claim for damages against Maschmeyer dismissed
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MUNICH (dpa-AFX) – The one from the former EnBW CEO
The company in Hanover demanded 6.3 million euros in damages from Maschmeyer and a former Syntellix supervisory board member. Reason: Maschmeyer violated stock corporation law fiduciary duties and led a “campaign aimed at the destruction of the company”. Therefore, Syntellix could only have carried out a capital increase at a much lower issue price. In addition, there were high legal fees.
However, the judges saw no obligation to pay compensation. The accusation raised at a general meeting that supervisory board chairman Claasen is playing “Prince Carnival” is covered by the fundamental right of freedom of expression and does not violate a shareholder’s duty of loyalty. The requirement for a special audit and a neutral chairman of the general meeting instead of the chairman of the supervisory board is also permissible under stock corporation law.
The defendant former member of the supervisory board is also not liable for the allegation that it had disclosed business or trade secrets in an email to a competitor. Because the content of the e-mail was already publicly known at that time, the chamber determined./rol/DP/stw/he
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