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Esso bleibt Verkauf von Miro-Anteilen untersagt

  • Market: Oil products
  • 22/07/24

Der Verkauf von Essos Anteilen an der Miro in Karlsruhe bedarf der Zustimmung von Anteilseigner Shell, so das Oberlandesgericht Karlsruhe am Montag. Dem Antrag von Shell wurde somit in letzter Instanz zugestimmt, wodurch die Übernahme von Essos Anteilen durch Alcmene aktuell nicht zustande kommt.

Mit dem Rechtsspruch bestätigte das Oberlandesgericht (OLG) die Entscheidung des Landgericht Karlsruhe. Dort hatte Shell Deutschland im Januar eine einstweilige Verfügung gegen Esso Deutschland und ExxonMobil Central European Holding erwirkt, mit der die Übertragung von Anteilen an der Miro (310.000 bl/Tag) auf eine andere Gesellschaft ohne Zustimmung von Shell untersagt wurde. Für eine Übertragung von Geschäftsanteilen an der Miro benötige Esso die Zustimmung von sämtlichen Anteilseignern, so das OLG.

Im Oktober 2023 hatte Esso den Verkauf ihres 25 %-igen Anteils an das österreichische Unternehmen und Liwathon-Tochter Alcmene bekanntgegeben. Eine Zustimmung bei Shell hatte sich Esso für diesen Verkauf allerdings nicht eingeholt, sodass diese Verkaufsabsicht nicht rechtmäßig war.

Sowohl Shell als auch Esso und ExxonMobil legten gegen die Entscheidung im Januar Berufung ein. Letztere strebten eine vollständige Abweisung der einstweiligen Verfügung an. Shell hingegen reichte Berufung an, da ihrem Antrag auf einstweilige Verfügung nicht in allen Punkten stattgegeben wurde. Die Berufungen wurden abgelehnt. Weitere Eilanträge von Shell, die unter anderem zum Ziel hatten "jegliche Erklärung oder Handlung zu untersagen, die wirtschaftlich einer Übertragung von MiRO-Anteilen gleichkomme" wurden außerdem abgewiesen, so das OLG Karlsruhe.

Das Urteil ist nun rechtskräftig und eine weitere Instanz steht nicht zur Verfügung.

Shell sowie Esso kommentierten das Urteil bisher auf Anfrage von Argus nicht.


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