A Hypo Real Estate Holding shareholder case over the German bank-rescue fund’s decision to force out minority investors will be sent to the European Union’s top court.

The Munich Regional Court will ask the EU’s Court of Justice to review whether German rules to facilitate bank rescues are in line with EU laws, Presiding Judge Helmut Krenek said today.

The suit seeks to invalidate a decision at Hypo Real Estate’s 2 June, 2009 shareholders meeting that allowed the government’s bank-rescue fund, known as Soffin, to attain full ownership of the lender.