Porsche 2012 Annual Report Download - page 228

Financials
Notes to the consolidated fi nancial statements
In February 2013, it became known that the Stuttgart public prosecutor had launched inves-
tigations against all members of the supervisory board of Porsche SE from 2008 and a former
employee in connection with the allegation of jointly aiding and abetting violation of the prohibi-
tion on market manipulation.
In early March 2013, 12 plaintiffs, of the most recent total of 32 plaintiffs in the appellate
proceeding, withdrew their appeal before the U.S. Court of Appeals for the Second Circuit with
Porsche SE’s consent. The effectiveness of the withdrawal of the appeal is subject to its ac-
ceptance by the court. The appellate proceeding concerning the remaining 20 plaintiffs remains
unaffected by the withdrawal of the appeal. Porsche SE continues to consider the actions to be
inadmissible and the claims to be without merit. The original total of 46 plaintiffs brought action
for damages against Porsche SE and against former members of the management board of
Porsche SE and alleged damages of more than USD 2.5 billion in aggregate. The actions were
dismissed in December 2010 in the first instance. 32 plaintiffs appealed that decision. For the
twelve plaintiffs who have now withdrawn their appeal, the action for damages against Porsche
SE that has been pending before the Regional Court of Braunschweig since the end of 2011,
remains unaffected by the withdrawal of the appeal. In this action the plaintiffs last alleged an
overall damage of about €1.8 billion, though it remained unclear to what extent the alleged dam-
age was comprised of damage already asserted before the U.S. Court. Porsche SE considers
the claim to be without merit.
[25] Disclosure pursuant to Sec. 160 (1) No. 8 AktG
[“Aktiengesetz”: German Stock Corporation Act]
Notification on 29 January 2008:
Prof. Dr. Ing. h.c. Ferdinand Porsche and others, Austria, notified us of the following on
29 January 2008 in accordance with Sec. 21 (1) Sentence 1 WpHG [“Wertpapierhandelsgesetz”:
German Stock Corporation Act]:
“The two parties who have signed this notification hereby announce to you on behalf of and
with the authorization of the individuals or entities listed under no. 1 and 2 below, which at the
time of this notification directly or indirectly held shares in Porsche Automobil Holding SE (then
operating under the name of Dr. Ing. h.c. F. Porsche Aktiengesellschaft) or their heirs and legal
successors (hereinafter also referred to as the “notifying parties”) in accordance with Sec. 21 (1)
WpHG, as a correction to the notification of 5 February 1997:
The voting share held by each notifying party in Porsche Automobil Holding SE (formerly:
Dr. Ing. h.c. F. Porsche Aktiengesellschaft), Porscheplatz 1, 70435 Stuttgart, Germany, exceeded
the voting right threshold of 75% on 3 February 1997 and on that date amounted to 100% of the
voting rights (875,000 voting rights). As of today, it also amounts to 100% for the persons that
still exist today (8,750,000 voting rights).
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