Porsche 2012 Annual Report Download - page 226

Financials
Notes to the consolidated fi nancial statements
out-of-court amounts to around €31 million. Porsche SE considers the claims to be without
merit and has rejected them.
Proceedings regarding shareholders’ actions
In its appeal judgment of 29 February 2012, the Higher Regional Court of Stuttgart declared the
resolution of the annual general meeting of 29 January 2010 on the exoneration of the supervi-
sory board for the fiscal year 2008/09 null and void. The first-instance decision of the Regional
Court of Stuttgart of 17 May 2011 in favor of Porsche SE was altered accordingly. The Higher
Regional Court of Stuttgart did not permit leave to appeal to the German Federal Court of Jus-
tice. Porsche SE then lodged an appeal with the Federal Court of Justice against the denial of
leave to appeal. Following the dismissal of this appeal by the Federal Court of Justice in its
ruling of 6 November 2012, the decision of the Higher Regional Court of Stuttgart is final and
legally binding.
In its ruling of 17 April 2012, the Federal Court of Justice dismissed the appeal lodged by
two shareholders against the Higher Regional Court of Stuttgart's denial of leave to appeal
against its ruling of 17 November 2010. In this ruling, the Higher Regional Court of Stuttgart
dismissed actions of nullity and for annulment regarding the resolutions of the annual general
meeting on 30 January 2009, and upheld the first-instance decision of the Regional Court of
Stuttgart of 28 May 2010 in favor of Porsche SE. The dismissal of the appeal against the denial
of leave to appeal clarifies that the resolutions of the annual general meeting on the exoneration
of the executive board and supervisory board, the supervisory board election, and the remu-
neration of the first supervisory board of Porsche SE remain effective.
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