Questione giuridica chiave
Whether the federal appeal should be struck out as moot after the lower court annulled the challenged judgment
Decisione estratta
The appeal proceedings were discontinued because the case had become moot once the Handelsgericht set aside the attacked decision.
Motivazione estratta
Since the challenged judgment was lifted by the lower court, there was no longer a live dispute. The Federal Supreme Court did not need to wait for publication of the cooperative's re-entry in the commercial register.