Challenge or invoke nullity of a resolution.

Under section 41(4) Austrian GmbHG the filing period generally runs for one month from dispatch of the resolution copy under section 40(2) GmbHG. If the dispatch date is unclear or older, timely filing, dispatch evidence and possible nullity must be reviewed immediately.

For severe procedural defects, missing notarisation or notice the resolution is often void from the outset. A nullity action establishes this and may be combined with a preliminary injunction against execution.

The challenge deadline is short. Key resolutions on balance sheet, management, capital must not stand when voting exclusions, fiduciary duty or the articles have been breached. The action must name the violations concretely.

When the resolution is being executed, combining challenge and injunction is usually mandatory. Only then does a later court success remain economically meaningful.