Judicial principles and studies
Dispute of a Coalition Member Separate from the Coalition's Dispute
The study explains that a dispute involving a member company of a coalition is not the same as a dispute against the coalition, which has an independent legal personality distinct from its constituent companies.
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Judicial principles and studies
Updated: 10 September 2026
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The study explains that a dispute involving a member company of a coalition is not the same as a dispute against the coalition, which has an independent legal personality distinct from its constituent companies.
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Subject
The official points distinguish two situations: (1) a dispute involving one member company of a coalition can exist independently from a dispute against the coalition itself; and (2) the coalition possesses an independent legal personality, while each constituent company also has its own legal personality and separate assets.
Summary
Accordingly, when a dispute concerns the coalition as such (including the coalition in its capacity noted in the points), the claim must be directed against the coalition and not against an individual constituent company. Filing suit against one company in place of the coalition is not a proper way to address the legal party of interest and therefore does not target the coalition as the relevant legal entity. This content is an educational summary only; it is not a judicial text or legal advice.
Practical significance
In practice, it is important to distinguish between litigation involving a single coalition member and litigation addressing the coalition itself, since the correct legal addressee is the entity whose independent legal personality makes it the proper defendant under the circumstances described in the official points.
Frequently asked questions
Subject?
The official points distinguish two situations: (1) a dispute involving one member company of a coalition can exist independently from a dispute against the coalition itself; and (2) the coalition possesses an independent legal personality, while each constituent company also has its own legal personality and separate assets.
Summary?
Accordingly, when a dispute concerns the coalition as such (including the coalition in its capacity noted in the points), the claim must be directed against the coalition and not against an individual constituent company. Filing suit against one company in place of the coalition is not a proper way to address the legal party of interest and therefore does not target the coalition as the relevant legal entity. This content is an educational summary only; it is not a judicial text or legal advice.
Practical significance?
In practice, it is important to distinguish between litigation involving a single coalition member and litigation addressing the coalition itself, since the correct legal addressee is the entity whose independent legal personality makes it the proper defendant under the circumstances described in the official points.
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