CELEX: 62016CA0560
Language: en
Date: 2018-03-07 00:00:00
Title: Case C-560/16: Judgment of the Court (First Chamber) of 7 March 2018 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — E.ON Czech Holding AG v Michael Dědouch, Petr Streitberg, Pavel Suda (Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 22(2) — Validity of decisions of the organs of companies or legal persons having their seat in the territory of a Member State — Exclusive jurisdiction of the courts of that Member State — Decision of the general meeting of a company ordering the compulsory transfer to that company’s principal shareholder of the shares held by the company’s minority shareholders and determining the consideration to be paid to them by the principal shareholder — Judicial procedure for reviewing the reasonableness of that consideration)

7.5.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/9
            
         Judgment of the Court (First Chamber) of 7 March 2018 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — E.ON Czech Holding AG v Michael Dědouch, Petr Streitberg, Pavel Suda
   (Case C-560/16) (1)
   
   ((Reference for a preliminary ruling - Regulation (EC) No 44/2001 - Jurisdiction in civil and commercial matters - Exclusive jurisdiction - Article 22(2) - Validity of decisions of the organs of companies or legal persons having their seat in the territory of a Member State - Exclusive jurisdiction of the courts of that Member State - Decision of the general meeting of a company ordering the compulsory transfer to that company’s principal shareholder of the shares held by the company’s minority shareholders and determining the consideration to be paid to them by the principal shareholder - Judicial procedure for reviewing the reasonableness of that consideration))
   (2018/C 161/10)
   Language of the case: Czech
   
      Referring court
   
   Nejvyšší soud České republiky
   
      Parties to the main proceedings
   
   
      Applicant: E.ON Czech Holding AG
   
      Defendants: Michael Dědouch, Petr Streitberg, Pavel Suda
   
      Intervener: Jihočeská plynárenská, a.s.
   
      Operative part of the judgment
   
   Article 22(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action, such as that at issue in the main proceedings, for review of the reasonableness of the consideration that the principal shareholder of a company is required to pay to the minority shareholders of that company in the event of the compulsory transfer of their shares to that principal shareholder comes within the exclusive jurisdiction of the courts of the Member State in which that company is established.
   
      (1)  OJ C 22, 23.1.2017.