Martens Rechtsanwälte successfully represented the Dansk Amerikans Fodbold Forbund (DAFF) before the Higher Regional Court of Frankfurt. The Higher Regional Court dismissed an appeal against a decision of the District Court of Frankfurt.
The District Court had entitled DAFF to put certain items on the agenda of a general assembly of an international sports association and to announce these items to the other members.
Following Christian Keidel's (Attorney at law, Martens Rechtsanwälte) argumentation, the Higher Regional Court of Frankfurt held that in case of a request from a minority of association members pursuant to Art. 37 para. 2 German Civil Code, the ratio of Art. 122 et seq. of the German Companies Act has to be applied mutadis mutandis. Thus, the court found sufficient that the items proposed by the Danish Federation had been sent to the other association members eight days after the time limit for the announcement of the assembly’s agenda had expired.
Additionally, the Higher Regional Court confirmed that an internal legal remedy of an association can exclude the ordinary legal recourse temporarily only if the former is effective.