Dieselgate Settlements – BGH Declares Shareholders' Resolution Void

November 2025 – The German Supreme Court ("BGH") has annulled the resolution of the general meeting of Volkswagen AG ("VW AG") in the so-called "Dieselgate" scandal, where settlements concluded with former members of the management board (liability settlements) as well as with the involved D&O insurers (coverage settlements) were approved. The court found that the general meeting had been convened improperly and that the accompanying documents provided insufficient information. With this judgment, the BGH strengthens shareholders' rights to information and disclosure. Given the substantially identical provisions under Austrian stock corporation law, this judgment is also relevant for Austrian stock corporations (Aktiengesellschaften).