Independent law firm
Shareholder disputes – abuse of equality
In a recent decision dated 21 December 2022, no. 183/22-VII-CIV, the 7th Chamber of the Court of Appeal has confirmed that the abuse of equality (abus d’égalité), consisting for a holder of half of the voting rights of a company to abusively prevent the taking of a resolution against the corporate interest and in his own interest, must have been committed by the exercise of the voting right in a general meeting of shareholders or within the framework of a statutory body of the company.
