In the corporate inquiry (enquête) procedure of Inter Access the Supreme Court recently confirmed a decision by the Enterprise Chamber where immediate measures were ordered which led to the dilution of a majority shareholder's stake. The managing board of the company was allowed to issue shares without a resolution of the AGM.

Given Inter Access's serious financial situation, the Enterprise Chamber had issued an immediate measure that allowed Inter Access's managing board to issue shares to a minority shareholder who was willing to provide financial backing that would rescue the company.

In its decision, the Supreme Court ruled that if the need for the immediate measures is evident and a less drastic measure would not be effective, the Enterprise Chamber may set aside mandatory company law provisions.