Conditions for bringing a civil action. Standing to sue in opposition proceedings under Article 61 of Law 31/1990

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The third party may object when the GMS resolution is valid or affected by relative nullity, and the shareholder could object only if the resolution is valid and he has suffered damage. If the shareholder attended the meeting and voted on the resolution, it may not oppose it, since it may not withdraw its opinion expressed at the meeting; if it missed the general meeting at which the resolution was adopted or voted against it and the resolution is null and void, he may bring an action for annulment, and if it is not null and void but prejudices it, it may oppose it.