Kali und Salz
Germany Federal Court of Justice
13 March 1978 (1978)
- Written by Curtis Parvin, JD
Facts
A German corporation’s (the corporation) (defendant) shareholders approved a shareholder resolution to double the corporation’s capital by issuing additional stock. The resolution excluded existing shareholders’ preemptive rights. Instead, the corporation sold the stock to another corporation and its subsidiary in exchange for new shares in another corporation, Kali und Salz. A valuation commission that included certified accountants and representatives from the corporation and Kali und Salz determined the value of the Kali und Salz stock. A shareholder (the complaining shareholder) (plaintiff) challenged the resolution in court, claiming that the Kali und Salz shares were overvalued. The regional court dismissed the case, and the higher regional court agreed. The complaining shareholder appealed to the Germany Federal Court of Justice. [Editor’s Note: The Germany Federal Court of Justice is Germany’s highest civil and criminal jurisdiction court.]
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
