Hanover, June 14, 2024 — The law firm activelaw has successfully represented an entrepreneur before the Bonn Regional Court who was defamed during a general meeting of a DAX company. A shareholder of the DAX Group used his right of information and speech to disseminate false allegations about the entrepreneur. The entrepreneur has a business relationship with the DAX Group.
activelaw prevailed in full in the first instance by applying for a preliminary injunction before the Bonn Regional Court (Ref. 10 O 122/24). The judgment of 11.06.2024 is not yet final. In particular, the court rejected the defendant's objection that he had been privileged within the framework of his right to information under Section 131 AktG.
Attorney Dr. Sven Dierkes commented:
“The decision of the district court is to be welcomed. In principle, every shareholder has the right to make relevant statements at general meetings. However, anyone who misuses this right to defame third parties by spreading false allegations loses the protection of the right to information. The general personal rights of the discredited person prevail. ”
