In corporate law, the inquiry procedure is an important tool for shareholders and other stakeholders to have the policy and conduct of a company reviewed. A key question in the second phase of this procedure is whether there has been mismanagement. On 13 March 2026, the Supreme Court clarified once again that this is not an automatic conclusion, even in the case of serious shortcomings in the decision-making process.
This is a significant development for companies and shareholders. This blog explains what this ruling means in practice and how the Enterprise Chamber (OK) deals with remedial measures and the required interest in cases of mismanagement.