According to parallel judgments and the Supreme Court. Ruling at BKS and BTV now also judgment on Oberbank.
In the seemingly never-ending dispute over capital increases at the mutually involved 3 banks (Oberbank, BKS, BTV), a court decision has been made again.
This time UniCredit Bank Austria drew the short straw at Oberbank: As with BKS and BTV, the Vienna UniCredit subsidiary did not get through in court with its request for a special audit at Oberbank. Several other lawsuits and counterclaims continue.
UniCredit Bank Austria, which is involved in the three regional banks listed on the stock exchange, tried to enforce special audits at all three institutions, including the correctness of capital increases. The current Linz judgment (Linz Regional Court) on the Oberbank was preceded by corresponding judgments in Innsbruck and Klagenfurt at BTV (Bank for Tyrol and Vorarlberg) and BKS Bank (Bank for Carinthia and Styria), which had reached the Supreme Court.
Bank Austria was also wrong in the matter of a formal special audit before the highest court.
As the Oberbank said on Wednesday, the Linz Regional Court was referring to the previous decisions of the Supreme Court, but also expressly stated that there was no suspicion of dishonesty or violations of the law by the board members that would justify a corresponding special audit.
Oberbank sees itself well prepared for further disputes
According to its boss Franz Gasselsberger, the Oberbank sees itself well equipped for the further dispute that is to be expected. He does not have high hopes for an amicable solution to the conflict soon.
Bank Austria in Vienna said on request today that the last decisions regarding the implementation of special audits at the 3 banks had “no effect on the necessary clarifications of the central questions of raising and maintaining capital as well as the voting bans on mutual holdings”, which continues are pending in the courts.
In some cases, questions remain with the Supreme Court for clarification. It is fought in triplicate.
The Oberbank and its sister banks accuse UniCredit Bank Austria of trying to gain control of the 3-Banken group.
