
A Santander Court overrides the transfer of the Spanish de Vela from the "social home"
A Santander Court overrides the transfer of the Spanish de Vela from the "social home"
The judgment given in Procedure 459 / 2018 followed in front of the Real Federación Española de Vela before the Court of First Instance No. 2 of Santander... in which the application had been filed jointly by the Federación Madrilela de Vela and the Real Club Náutico de Madrid... which was known this morning... contains the following pronouncements:
1- The application for the annulment of the fourth point of the AGO of 17 March 2018 concerning the modification of the registered office is estimated in the terms of the application.
That is, the agreement is overturned, and a new Assembly should be convened if that decision is to be taken correctly.
2- The claim concerning the annulment of point 6 of the AGO of 17 March 2018 on the increase in the quota of federal licences is rejected. It is rejected because, in the view of the Court, the will of the majority of the FFAA Committee was clear as to the desire to increase the quota, without prejudice to the fact that this decision was not taken in the 2016 Committee but in the subsequent Assemblies, where the will of the required majorities was expressed. However, the judge himself argues that the drafting of the minutes is diffuse and unclear.
3- The claim concerning the annulment of the call for and conclusion of the AVE of 19 May 2018 and the agreements adopted therein is rejected for the following reasons:
a. Art. 15 bis provides that RFEV bodies may adopt their agreements anywhere. The judge understands that this article should have been challenged in advance.
b. It does not take into account, for the case in question, the doctrine of the DGRN concerning the need to establish the place of adoption of agreements or the holding of meetings.
c. It is indifferent, in the view of the judge, that the budgets should be approved in a regular or extraordinary session, in that the wording of the Statute is understood to be a plenary body in any case.
No party is sentenced to any costs, but each party supports its own and the common ones by half.
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