SOCIETE ANONYME

Three-member Court of Appeals of Athens 2805/2021

Share transfer agreement. Additional agreements which were a condition for the plaintiff’s purchase thereof without which he would not have proceeded to the said purchase. Agreement that the new shareholder, despite the minority package of shares he buys, acquires equal participation in the management and administration of the company. The dominant and determining factor for the conclusion of the Agreement for the sale of shares was a business and operational cooperation between the litigants, with the economic development of the company as its aim, where the role of the plaintiff would not be limited in simply financing based on a mere expectation of profit but would entail his substantial participation, with the possibility of decisively influencing corporate affairs. Justified rescission from the agreement.

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