Action for annulment of resolutions of the Annual General Meeting of elumeo SE

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DGAP-Media / 26.06.2019 / 16:55

DGAP-Media / 24.06.2019 / 09:59

Action for cancellation of resolutions of the Annual General Meeting of elumeo SE dated
December 12, 2018:
Appointment date for the hearing on 2 August 2019

At the Extraordinary General Meeting on 12 December 2018 of elumeo SE, the chairman of the meeting, Mr. Wolfgang Boyé, did not approve Ottoman Strategy Holdings (Suisse) SA to attend the Annual General Meeting and thus the exercising of voting rights of Ottoman Strategy Holdings (Suisse) SA at elumeo SE excluding approximately 26.23% of the share capital, from voting.

On January 14, 2019, Ottoman Strategy Holdings (Suisse) SA filed an action for cancellation with the Berlin Regional Court.

The court has set the date for the hearing on August 2, 2019.

The lawsuit is directed i.a. against the resolutions of the Annual General Meeting, which amended the composition of the Board of Directors of elumeo SE without taking into account the votes of Ottoman Strategy Holdings (Suisse) SA.

Given the catastrophic economic development of elumeo SE in 2018 - confirmed by the recently published consolidated figures - Ottoman Strategy Holdings (Suisse) SA had called for the Extraordinary General Meeting to be dealt with in order to remedy the economic shortcomings of the Annual General Meeting and to restart the business in order to enable elumeo SE under a new line.

However, Mr. Wolfgang Boyé, who was entitled to be removed as a member of the Board of Directors under agenda item 3 of the Annual General Meeting, had not granted Ottoman Strategy Holdings (Suisse) SA access to the Annual General Meeting despite presenting a valid entry card, so that Ottoman Strategy Holdings (Suisse) SA was unable to exercise its voting rights.

Ottoman Strategy Holdings (Suisse) SA is convinced that this exclusion from the Annual General Meeting was unjustified and has therefore brought the lawsuit.

The successful lawsuit confirms that the relevant resolutions of the Annual General Meeting were unlawful and thus null and void. In particular, this would make the current composition of the Board of Directors unlawful and any decisions taken by the Board of Directors following the Annual General Meeting on 12 December 2018 to date may be null and void, with unforeseeable consequences for the Company.

Ottoman Strategy Holdings (Suisse) SA is represented by Attorney Roderich Schaetze, SCHAETZE Rechtsanwälte Wirtschaftsprüfer Steuerberater, Schäfflerstraße 8, 80333 Munich.



End of Media Release


Issuer: Roderich Schaetze, Rechtsanwalt, Steuerberater, Wirtschaftsprüfer
Key word(s): Finance

26.06.2019 Dissemination of a Press Release, transmitted by DGAP - a service of EQS Group AG.
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831423  26.06.2019 

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