Point of law: the possibility to provide in company’s internal regulations for additional requirements to candidate directors (members of the board).

Ratio decidendi: the Presidium pointed out that internal regulations of a company may provide for the duty to submit certain additional (as compared with the law) information on candidates, but the law does not envisage the verification of such data; therefore, the imposition of additional requirements or restrictions is unlawful.

Practical consequences: this judgment removes unlawful restrictions on candidate directors that were often used by majority shareholders in order to obstruct the election of representatives from minority shareholders. The Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.