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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
Yonko Grozev, President, Angelika Nußberger, André Potocki, Mārtiņš Mits, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, Lado Chanturia, judges, and Claudia Westerdiek, Section Registrar,
Does Article 86 TEC (Article 102 TFEU) preclude the interpretation and application of domestic legislation enacted by a member State as laid out in the first question for referral if the damaged shareholders are founding shareholders (investors) who, at the time of the damaging event, have a significant shareholding and, as members of the company's executive board, decisively shape the company's competitive conduct?"
"... because the legal matter [had] not [been] of fundamental significance, because the complaints based on violations of procedural rights [had] failed to convince and because neither the further development of the law nor the interests in ensuring uniform adjudication [had required] a decision to be issued by the court hearing the appeal on points of law (Article 543 § 1 of the Code of Civil Procedure). More detailed reasoning can be dispensed with pursuant to the second clause of the second sentence of Article 544 § 4 of the Code of Civil Procedure."
The court hearing the appeal on points of law has granted leave upon a complaint against the refusal to grant leave to appeal on points of law.
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Common Room
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