DHL 2009 Annual Report Download - page 206

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e  Commission appealed against the decision of the
Court of First Instance before the European Court of Justice.
Deutsche Post  expects the appeal to o er only little prospect of
success. It cannot be ruled out, however, that the European Court
of Justice allows the appeal, with the Court of First Instance having
to decide the issue again. Despite the continuing litigation, the 
ruling of the  Commission could possibly become e ective again;
the total amount received as a result of the decision by the Court of
First Instance dated  July , plus interest, would have to be paid
again to the Federal Republic of Germany.
In October   Global Forwarding, along with all other
major players in the freight forwarding industry, received a request
for information from the Competition Directorate of the European
Commission, a subpoena from the United States Department of Jus-
tices Antitrust Division and information requests from competition
authorities in other jurisdictions in connection with a formal inves-
tigation into the setting of surcharges and fees in the international
freight forwarding industry. In January , an antitrust class ac-
tion law suit was initiated in the New York district court on behalf of
purchasers of freight forwarder services in which Deutsche Post 
and  are named as defendants.  is civil law suit appears to be
based on the fact that anti-trust investigations are on-going, but not
on any known outcome or quanti ed loss.
Deutsche Post DHL is
not able to predict or comment on the outcome of the investigations
or the merits of the class action law suit, but believes its  nancial
exposure in relation to both is limited and has not, therefore, taken
any provision in its accounts.
 Share-based remuneration
Share-based remuneration for executives
(Share Matching Scheme)
A new system to grant variable remuneration components for
some of the Groups executives was implemented in , which is
accounted for as an equity-settled share-based payment in accord-
ance with  . According to this system, the Groups executives
concerned receive part of their variable  salary in the form of
shares of Deutsche Post  in  with each executive being able
to increase this obligatory share component individually by convert-
ing another portion of the variable  remuneration. If certain
conditions are met, the executive will be awarded the same amount
of Deutsche Post shares a er four years (matching shares).
Hence, the programme for the  tranche will expire in .
e fair value of these matching shares equals the stock price of
Deutsche Post  as at the grant date  .. For the grant of vari-
able remuneration portions,  million were recognised in equity
in the consolidated  nancial statements as at  December . In
, this system will be applied to other Group executives as well.
Share-based remuneration system for executives
( Stock Option Plan)
e exercise period for the  tranche of the  Stock
Option Plan  ended on  June . Under the plans terms,
all options and stock appreciation rights or  of this tranche not
exercised by  June  were forfeited. As such, no options or
 have been outstanding under the  Stock Option Plan since
 July .
 Stock Option Plan
Tranche 2004
Grant date 1 July 2004
Stock options granted 9,328,296
of which to Board of Management 841,350
of which to other senior executives 8,486,946
 granted1) 1,116,374
of which to Board of Management 0
of which to other senior executives 1,116,374
Exercise price € 17.00
Lock-up expires 30 June 2007
Dividend yield Deutsche Post  3.05 %
Dividend yield Dow Jones Euro  Index 1.7 %
Yield volatility of Deutsche Post  share 28.9 %
Yield volatility of Dow Jones Euro  Index 14.8 %
Number
Outstanding stock options as at  January  2,726,658
Outstanding  as at  January  232,568
Stock options lapsed 2,726,658
 lapsed 232,568
Stock options exercised 0
 exercised 0
Outstanding stock options as at  December  0
Outstanding  as at  December  0
 Due to legal restrictions  were granted instead of stock options in some countries. Due to the
fair value determined for the  no amounts were added to the provisions in .
Deutsche Post DHL Annual Report 
Consolidated Financial Statements
Notes
Other disclosures
189