4.3.5.7 Emigration or chronic illness

Finally, the emigration or chronic illness of a shareholder may justify the application of the oppression remedy, especially when the functioning of the company requires the regular presence of the shareholder.1 Schindler poses that an emigration within Europe is not sufficient, but that an emigration outside of Europe is.2

Mäusl states that the occurrence of illness forms part of the normal risks in life and that emigration is a circumstance that can be influenced by the shareholder himself.3 Subsequently, Mäusl draws attention to the fact that these circumstances do not automatically form an important ground for resigning from other long-term contracts or from a rental agreement. Therefore, he objects to accept that these circumstances justify an exit taking place too readily.