ABSTRACT
This Chapter examines whether other forms of shareholder protection do or may substitute derivative actions in their functions and purpose within the given broader legal framework. Accordingly, it analyses core mechanisms of shareholder protection that exist within this book’s research domain, such as contractual arrangements, group litigation, remedies against oppressive or unfair treatment and shareholder suits against the validity of General Meeting resolutions and evaluates whether they constitute viable alternatives to a functioning derivative litigation apparatus. It is shown that the inadequacy of the mechanisms on shareholders enforcement of corporate claims is not and cannot be properly compensated for in such a way. The examination of UK, Greek and German broader legal frameworks also provides a comparative assessment of the overall level of shareholder protection offered, complemented by a critical analysis of the influence of EU secondary law thereon, thus illustrating the magnitude of the improvement that a functioning and truly protective derivative action may effect.
