22 September 2023

Appraisal proceedings regarding the control and profit and loss transfer agreement with Studio Babelsberg AG: Appointment of a joint representative

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

Several minority shareholders have applied to the Potsdam Regional Court for a judicial review of the cash compensation offered and the annual compensation payment with regard to the domination and profit and loss transfer agreement with Studio Babelsberg AG as the controlled company, which was approved at the Extraordinary General Meeting on March 31, 2023. The Potsdam Regional Court has announced that it will combine the motions received for a joint hearing and decision.

By order of September 13, 2023, the Potsdam Regional Court - 1st Chamber for Commercial Matters - appointed Dr. Peter Dreier, Düsseldorf, attorney-at-law, as joint representative of the minority shareholders not filing an application. The defendant, a subsidiary of TPG Real Estate Partners (which also owns Cinespace Studios), was ordered by the court to comment on the motions within two months.

The 1st Commercial Division also announced that it would first await the preliminary decision on two actions for annulment and rescission still pending before the 2nd Commercial Division and suspend the award proceedings until then in accordance with § 21 FamFG.

Potsdam Regional Court, Case No. 51 O 63/23 et al.
Arendts, F. et al. ./. Kino BidCo GmbH
joint representative: RA Dr. Peter Dreier, 40213 Düsseldorf, Germany

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