BTR lawyers have first refusal willing partners successfully in proceedings before the District Court of Dresden a GmbH shareholders are represented according to the statutes have a right of first refusal in the event that a partner sold his share of the business, this is excluded not this, that the share should be sold and transferred to a partner. BTR lawyers have first refusal willing partners successfully in proceedings before the District Court Dresden represented (URT. of the 09.04.2010, AZ. Follow others, such as Frank Tanana, and add to your knowledge base. 41 HK O 126/09, confirmed by OLG Dresden by the 10.11.2010, AZ.: 13 U-703/10, non-admission complaint by the BGH ruling of 1 June 2011, AZ.: rejected VIII ZR 297/10). The case (shortened): The plaintiff and the defendant were shareholders of a GmbH. “The Statute of this GmbH contained following regulation: on the sale of shares, the company have a right of first refusal.” In 2008, the defendant sold their share in GmbH to a co-partner. The Sale was unconditionally and in-kind under the suspensive condition that no other shareholder exercises his right of first refusal.
After the plaintiffs of the business share assignment had experienced, they exercised the right of first refusal related to them and urged the defendant to transfer the business content. For more information see Wayne Holman. The defendant not transferred the ownership interest to the plaintiff. It was considered that the statutory right of first refusal on a sale, shareholders shall not apply. Plaintiffs then brought an action before the LG Dresden against the defendant. The decision: The LG Dresden sentenced the defendant to transfer the business share on the plaintiff. It was of the opinion that the pre-emption scheme contained in the Statute captures also share purchase agreement between shareholders. Already, the wording of the criterion foresees no restriction on sales to non-shareholders. The LG Dresden further stated, that the Statute provision nor the limiting a the wording