Misuse of the derivative action and the obligation to pay the court fee

Abstract

A derivative action can be filed not only to pursue the goal intended by the legislator but also to harm the company or other shareholders. The author believes that in such a case the company is neither obliged to pay the court fee for the derivative action nor is it unjustly enriched if a shareholder pays the fee on its behalf.

This view contradicts a decision of the Czech Supreme Court.

Keywords

• derivative action
• misuse of a right, duty of loyalty