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Voting Results Annual General Meeting 2009

At the time of voting on the agenda items 2 to 7 180,325,292 no-par-value-shares with a matching numbers of votes were present. This corresponds to 71.56% of the capital stock.

Agenda Item 2: Resolution on the Utilization of Net Retained Profits

Yes votes:
179,993,367 votes
No votes: 329,706 votes
Abstentions: 2,219 votes

It was stated that the management proposal on the utilization of net retained profits 2008, as published in the elektronischer Bundesanzeiger (electronic Federal Gazette) on March 6, 2009, was approved.

Agenda Item 3: Resolution on the Official Approval of the Actions of the Members of the Executive Board

Yes votes:
180,166,735 votes
No votes: 149,626 votes
Abstentions: 8,931 votes

The exclusion of voting rights was observed.

It was stated that the management proposal on the official approval of the actions of the members of the Executive Board for fiscal year 2008, as published in the elektronischer Bundesanzeiger (electronic Federal Gazette) on March 6, 2009, was accepted.

Agenda Item 4: Resolution on the Official Approval of the Actions of the Members of the Supervisory Board

Yes votes:
180,153,846 votes
No votes: 149,913 votes
Abstentions: 9,253 votes

The exclusion of voting rights was observed.

It was stated that the management proposal on the official approval of the actions of the members of the Supervisory Board for fiscal year 2008, as published in the elektronischer Bundesanzeiger (electronic Federal Gazette) on March 6, 2009, was accepted.

Agenda Item 5: Election of the Auditors for Fiscal Year 2009

Yes votes:
180,303,942 votes
No votes: 12,802 votes
Abstentions: 8,548 votes

It was stated that Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft, Stuttgart, are the elected auditors for fiscal year 2009.

Agenda Item 6: Resolution on the Authorization to Purchase and Utilize Own Shares

Yes votes:
178,935,421 votes
No votes: 1,164,193 votes
Abstentions: 225,678 votes

It was stated that the management proposal under agenda item 6, as published in the elektronischer Bundesanzeiger (electronic Federal Gazette) on March 6, 2009, was accepted with the necessary majority of votes and necessary capital majority.

Agenda Item 7: Elections to the Supervisory Board

Prof. Dr. Eva Eberhartinger

Yes votes:
179,955,836 votes
No votes: 362,222 votes
Abstentions: 7,234 votes

It was stated that Ms. Prof. Eberhartinger was elected as shareholder representative for the next term of office of the Supervisory Board.

Michael Herz

Yes votes:
172,352,318 votes
No votes: 7,095,806 votes
Abstentions: 877,168 votes

It was stated that Mr. Herz was elected as shareholder representative for the next term of office of the Supervisory Board.

Thomas Holzgreve

Yes votes:
172,349,517 votes
No votes: 7,099,081 votes
Abstentions: 876,694 votes

It was stated that Mr. Holzgreve was elected as shareholder representative for the next term of office of the Supervisory Board.

Dr. Rolf Kunisch

Yes votes:
172,809,250 votes
No votes: 6,639,914 votes
Abstentions: 876,128 votes

It was stated that Mr. Dr. Kunisch was elected as shareholder representative for the next term of office of the Supervisory Board.

Prof. Dr. Reinhard Pöllath

Yes votes:
178,678,490 votes
No votes: 997,775 votes
Abstentions: 649,027 votes

It was stated that Mr. Prof. Pöllath was elected as shareholder representative for the next term of office of the Supervisory Board.

Thomas Siemsen

Yes votes:
177,858,999 votes
No votes: 1,813,007 votes
Abstentions: 653,286 votes

It was stated that Mr. Siemsen was elected as shareholder representative for the next term of office of the Supervisory Board.

Beatrice Dreyfus (Alternate Member)

Yes votes:
180,241,725 votes
No votes: 64,888 votes
Abstentions: 18,679 votes

It was stated that Ms. Dreyfus was elected as alternate member for the shareholder representatives.