Facts
The appellant, a shareholder of [W.] Holding AG, claimed that the exchange ratio set out in the merger agreement between [W.] Holding AG and the defendant was not appropriate. The lower court dismissed the action. The appellant requested the reversal of the judgment and the determination of an appropriate compensation payment.
The parties are [X.] (appellant and plaintiff) and [Y.] (respondent and defendant). The proceedings were conducted before the Commercial Court of the Canton of Zurich and subsequently before the Federal Court.
Considerations
The Federal Court examined the admissibility of the appeal and came to the conclusion that the appeal was admissible. The appellant had made its requests in the appeal brief and the lower court had dismissed the action.
The Federal Court reviewed the decision of the lower court and came to the conclusion that the lower court had not violated the right to evidence. The appellant had not shown that it had requested the obtaining of an expert opinion or the taking of other evidence in accordance with the procedure.
The Federal Court also reviewed the decision of the lower court regarding the appropriateness of the exchange ratio and came to the conclusion that the lower court had correctly applied the…