2026-08-27 - CD Munich - Sypox v. Topsoe - UPC-CFI-0000894/2026
- Aktenzeichen:
- UPC-CFI-0000894/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- SYPOX GmbH v. Topsoe A/S
Kernaussage: The judge-rapporteur of the Munich Central Division held that veto rights held by a 10% minority investor over reserved corporate matters do not amount to a right to exercise dominant influence within Art.
2026-08-27 - CD Munich - Sypox
v.
Topsoe - UPC-CFI-0000894/2026
notable
The judge-rapporteur of the Munich Central Division held that veto rights held by a 10% minority investor over reserved corporate matters do not amount to a right to exercise dominant influence within Art. 3(3) of the Annex to Commission Recommendation 2003/361/EC, so the investor is not a linked enterprise and its figures are not aggregated. The revocation claimant therefore qualifies as an SME under R. 370.8 RoP and the 50% court fee it had paid was adequate. The Court provisionally set the value of the proceedings at EUR 2,000,000, giving a recoverable-cost ceiling of EUR 200,000, and rejected the claimant's request to lower that ceiling because qualification as an SME is a relevant but not a sufficient factor and the asserted threat to its economic existence was unsubstantiated. The defendant's request for security for costs was likewise rejected: the applicant bears the burden of substantiation and proof, and the respondent's own assertion made in support of a cost-ceiling reduction does not by itself make out a credible case of a genuine risk to recoverability.