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.

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.

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.

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.

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

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.

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

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

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

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

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

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

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