29 June 2018

Judical review proceedings regarding the domination and profit and loss transfer agreement with MAN SE: Court of Appeal confirms raise of cash compensation and increases compensation payment

by Attorney-at-law Martin Arendts, M.B.L.-HSG

In the award proceedings with regard to the domination and profit and loss transfer agreement with MAN SE (as a company controlled by VW Group) the District Court of Munich (Landgericht München I) raised the cash compensation clearly from EUR 80.89 to EUR 90.29 per common share or preference share, see http://spruchverfahren.blogspot.de/2015/07/lg-munchen-i-erhoht-barabfindung-im.html. The annual compensation payment (so-called "guaranteed dividend") remained unchanged according to this first instance judgement.

Both Volkswagen Truck & Bus GmbH, a subsidiary of VW, and several applicants lodged complaints against this first instance decision. The Higher Regional Court (Oberlandesgericht München), in its decison of 26 June 2018, rejected the complaint of the VW subsidiary and confirmend the raise of the cash compensation. The court also raised the annual compensation payment to EUR 5,50 pre-tax.

OLG München, decision of 26 June 2018, file no. 31 Wx 382/15
LG München I, decision of 31 July 2015, file no. 5 HK O 16371/13
Helfrich, M. et al. ./. Volkswagen Truck & Bus GmbH (formerly: Truck & Bus GmbH)
162 applicants
Joint Representative: Attorney-at-law Bergdolt, 80801 Munich
Attorneys of Volkswagen Truck & Bus GmbH: law firm Linklaters, 81675 Munich