2024-03-26 15:35:00
Will Martin Müller become vice president of the KSC again? This question will be examined on March 26th. The hearing starts at 11 a.m. in the Karlsruhe district court. Among others, KSC President Holger Siegmund-Schultze will also be present at the hearing.
1:20 p.m.: Hearing closed, court announces preliminary decision on April 5th
The presiding judge Christina Walter concludes: “If the decision is made in the applicant’s favor, Müller will retain his position as vice president at the KSC until the final decision is made at the general meeting.”
1 p.m.: Opposite side ready to unpack “dirty laundry” against Müller
Due to the disruption of the executive committee members, the members’ council had to take action in order to ensure that the association could continue to function. Nobody wanted to resign, but neither wanted to work together, said KSC lawyer Nikolai Jakovou.
“If all of this is not considered an important reason, dirty laundry has to be washed in the main proceedings, and there would be enough ammunition against Müller for that,” the lawyer continues.
12.40 p.m.: Applicant criticizes the KSC’s approach as being too “casual”
In the run-up to the extraordinary general meeting, some important points were not finally clarified. The KSC club management brushed aside legally relevant issues and the concerns of some members and therefore did not act professionally. Lawyer Daus justifies his client’s application.
12.30 p.m.: Court rejects plaintiff’s arguments
The court further argues: “The opportunity for successful cooperation between the members of the presidium was no longer available and individual members can therefore also be voted out.” The court also explains that it does not need a 2/3 majority. Because this is not BGB compliant.
March 26, 11:52 a.m.: Judgment of the court
Since the applicant, Mr. Peter Joas, represented by lawyer Matthias Dau, is a simple member of the association, he also has a legitimate interest in making a determination, said presiding judge Christina Walter at the beginning of the hearing. Among other things, the plaintiff complained about the virtual broadcast and the calling of the extraordinary meeting. Attorney Dau now wants to obtain an interim injunction for his client. With which the dismissal of Martin Müller by the extraordinary general meeting is overturned. The court has now made an initial assessment of this.
Since the chairman of the KSC made a corresponding request, this meeting took place in accordance with the statutes. The president was then immediately obliged to call a general meeting. “If he hadn’t done that, the meeting could have been forced,” said the judge. The statutes also stipulate that such meetings may also take place online. The court’s assessment also contradicts the plaintiff on other points. The bottom line, according to the court, was that there was no formal defect in the event.
Background: What happened?
Former Vice President Martin Müller was dismissed at the extraordinary general meeting on February 29th. In such a meeting, only a simple majority was necessary to remove Müller from office. In a regular general meeting, a two-thirds majority would have been necessary. Many KSC members view this critically. The reason for the deselection was not sufficiently specified. One member then followed up on the criticism and filed a complaint.
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