APPEAL THE EXCLUSION RESOLUTION OF A MEMBER TO THE GENERAL MEETING Commentary on the Guimarães Court of Appeal decision of 20th February 2020 (proc. n.º 878/17.9T8PTL.G1)

Abstract

The text addresses the annulability of the exclusion resolution of a member taken by the association’s executive body and the respective appeal to the general meeting, as provided for in the General Internal Regulations. As that appeal has been qualified as prior and imperative in relation to a possible action for annulment, direct recourse to court to argue the resolution’s defects is rendered impracticable. The Guimarães Court of Appeal considered that the excluded member only got the possibility of raising the judicial notification of the general meeting.