Facts
This case involved a lawsuit filed by the opposing party [B.] against 18 cooperatives. [B.] requested that the resolutions of the board meetings of the defendant cooperatives dated November 15, 2018 regarding the granting of individual signing authority to the appellant [A.] be declared null and void and that the commercial register offices be instructed to delete this signing authority.
[A.] , who holds an executive function for the defendant cooperatives, filed a request for admission as an (independent) intervenor in favor of the defendant cooperatives. However, the Commercial Court of the Canton of Zurich rejected this request by order dated August 12, 2021.
Considerations
The Federal Supreme Court set aside the order of the Commercial Court and remanded the case for a new assessment by the lower court. The Federal Supreme Court concluded that the Commercial Court had wrongly denied the appellant the status of an outside third party who could be considered as an intervenor.
While an executive officer of a legal entity generally cannot act as an intervenor, as they are…