When the assets of a company are damaged, the action for damages belongs to the company and its competent organ.
But what about the shareholders? They do not have an autonomous right of action for the compensation of the collective damage caused to the assets of the company. They are only entitled to claim compensation for their own damage which differs from the damage sustained by the company.
The loss of dividends does not constitute a shareholder’s own damage.
The same rules apply in the case of abuse of majority.
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