In cases which he considers urgent, the president of the Company Court may, at the request of the legal person or of a person who has an interest in compliance with the disregarded rule of law, order an interim injunction to suspend a decision if the grounds invoked can justify prima facie the annulment of the contested decision.
The request for suspension is brought before the judge hearing the application for interim measures under the conditions of jurisdiction and substance of common law: namely urgency and the appearance of law. In addition, the measure requested must be of a provisional nature, but it is not required that an action on the merits has already been brought.
The following shall be accepted as grounds for suspension:
- The absence of convocation of the majority shareholder (combined with the absence of proof of convocation of the other shareholders);
- The violation of a prima facie agreement to transfer shares; and
- Abuse of rights by shareholders, acting in disregard of the company’s interests and survival.
