Acórdão nº 9730158 de Supremo Tribunal Administrativo (Portugal), 11 de Dezembro de 1997 (caso None)
| Magistrado Responsável | PIRES CONDESSO |
| Data da Resolução | 11 de Dezembro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART412. CONST76 ART20.
Sumário: I - Não se pode impugnar ( nulidade ou anulabilidade ) uma deliberação do Conselho de Administração de uma sociedade anónima através de acção directa para os tribunais judiciais, sem que, previamente, ela seja feita para a assembleia geral, nos termos do artigo 412 do Código das Sociedades Comerciais. II - Tal situação não constitui um caso de incompetência material do tribunal, mas sim de ausência de direito, face aos termos em que a acção é posta, devendo conduzir, não à absolvição da instância...
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