Please find below the counter-motions submitted to us by shareholders within the specified period regarding the proposals by the Executive Board and the Supervisory Board for the Agenda of the Annual General Meeting taking place on May 13, 2009 as well as nominations by shareholders for the election of supervisory board members or statutory auditors, to be made accessible by the Company pursuant to sections 126, 127 of the German Stock Corporation Act (AktG).
Dear Shareholders,
For our Annual Meeting taking place in Hanover on May 13, 2009, a shareholder has submitted a nomination for the election of supervisory board members to Agenda Item 10.
Motion A
Submitter: Mr Jürgen Kaiser
Re. Item 10 of the Agenda – Election to fill vacancies on the Supervisory Board –
„Counter-motion / Proposal of a candidate for ’Elections to the Supervisory Board’
Proposal to elect
Dipl.-Ing. Jürgen Kaiser, Dieburg, (Bauoberrat with the Autobahndirektion Nordbayern)
as shareholder representative to the Supervisory Board.
Mr Kaiser is a shareholder and is not a member of any other statutory supervisory board or comparable domestic or foreign supervisory body of any business enterprise.
Reasons:
The Group result is negative. The loss for the year accounts for €1,529m. For years the performance has fallen short of the general economic development and the shareholders’ legitimate expectations – this is the responsibility of the Executive Board. The Supervisory Board does not comprise a member representing the small shareholders and capable of exercising the required supervisory function with a clear track record.“
If you wish to support the counter-motion marked by letter A in the event of a separate vote, please tick the box corresponding to the letter marking the respective counter-motion.