Berufskläger im Aktienrecht

The methods of professional claimants affect German stock companies. By blackmailing the companies, the German economy suffers substantially. This analysis examines the effectivness of the already established approval process (“Freigabeverfahren”) according to § 246a AktG. An empirical survey was compiled for this purpose to collect data of the abuse of the right of action for the recent years. Furthermore, this analysis examines the effects of the approval process on honest shareholders and on the conception of German stock company law in general. The approach on the issue by the jurisdiction and several suggestions de lege ferenda are measured by the same fundamentals of effectivness and effects on the law in general. Finally, a novel approach is presented in order to solve the problem without reducing legal protection of honest shareholders and negative effects on the German law system.