In the lawsuit, he noted the violation of his right to read the materials needed to make decisions at the general meeting. In addition, he referred to the impossibility of attending these general meetings and voting on the item on the agenda, since he had not been informed of the market price of the shares at which he could exercise his right to call for redemption of shares and the draft share repurchase agreement was not disclosed.

The court of first instance, with which the Court of Appeal later agreed, upheld the claim. According to the courts, the extraordinary meeting was held in violation of the order of convocation, notice of their convocation, did not allow the plaintiff to familiarize with the issues included in the agenda and to submit his proposals, which violated the plaintiff's right to participate in the management of the company.

Although the third party stated in the cassation complaint, in particular, that the economic courts had failed to take into account that the plaintiff had been duly notified of the general meeting of the company, he had been given the opportunity to review the issues on the agenda and to submit his proposals, the court did not upheld the cassation appeal.

According to the position of the Supreme Court, the grounds for invalidation of decisions of the general meeting of shareholders (participants) of a business company are:

- violation of the requirements of the law and / or constituent documents during the convocation and holding of the general meeting of the company;

- depriving the shareholder (participant) of the company of the opportunity to participate in the general meeting;

- violation of the rights or legitimate interests of the shareholder (participant) of the company by the decision of the general meeting.

The SC noted that violation of the procedure of personal notification of a shareholder participant is a ground for declaring the decisions of the general meeting of shareholders invalid, given the fact of their presence of the shareholder at the general meeting.

At the same time, as established by the courts, the plaintiff was deprived of the opportunity to read the documents necessary for decision-making on the agenda, and therefore the rights of the shareholder may be found violated by failure to comply with the requirements of the law on convocation and holding a general meeting if he failed to properly prepare for the consideration of the agenda.

Moreover, if the agenda of the general meeting provides for a vote on the issues specified in Article 68 of the Law of Ukraine "On Joint Stock Companies", the joint stock company should give shareholders the opportunity to familiarize themselves with the draft agreement on the purchase of the company by shares (Article 36 of the Law of Ukraine "On Joint Stock Companies") .

At the same time, proper fulfillment of this obligation by a joint stock company requires a series of sequential actions:

- the preparation of a proper draft contract,

- giving the shareholder a physical opportunity to get acquainted with it.

Thus, the defendant initiated the procedure that preceded the submission of the issue of approval by the general meeting of shareholders of the deeds of alienation of real estate, which caused a violation of the plaintiff's right to participate in the management of a joint-stock company (the decision of the Supreme Court of 06.02.2020 in Case No. 912/712/19) .