Vorsorgliche Massnahmen im Zusammenhang mit Generalversammlungen im Lichte der Rechtsprechung

The present article takes a closer look at interim relief in connection with shareholders meetings and illustrates possible provisional measures on the basis of a number of precedents rendered by Swiss courts. In practice, it is often crucial to obtain interim relief in time in order to prevent «faits accomplis» that cannot be undone at a later stage, or only with great difficulty. The authors believe that the Swiss courts should, by and large, take a more courageous position and grant interim relief more often, but should also not hesitate to lift such relief if they realise that the conditions for granting it are no longer given. This is against the background that without swift legal protection in an urgent matter, the law and the protection by it remain a mere paper tiger.