Blocking minority
By blocking minority means to establish a minority in voting to prevent a certain decision if qualified majorities are required.
Examples
In German stock corporation law, for example, a 75 percent majority of capital is required for certain general meeting resolutions , including for an amendment to the articles of association ( Section 179 (2) AktG) or the liquidation of a company ( Section 262 (1) No. 2 AktG ). In this case one speaks of a blocking minority when individual shareholders own more than 25% and less than 50% of the shares. A de facto blocking minority exists if at least part of the share capital of a stock corporation is in free float , the attendance at the general meeting can therefore be less than 100% and consequently less than 25% blocking rights apply. There can therefore be actual blocking minorities at 24.9% or less.
Another example is the blocking minorities in qualified majority voting in the Council of the European Union . There resolutions - with the entry into force of the double majority principle - can be prevented by more than 45% of the states or by at least four states representing more than 35% of the population.
