Stuttgart, March 2, 2018
The District Court in Stuttgart (Landgericht Stuttgart) has rejected a motion of Dr. Konrad Erzberger requiring TAKKT AG to establish a co-determined Supervisory Board based on parity. TAKKT AG was represented by Dr. Felix Born and Dr. Carl Höfer in this proceeding. Dr. Konrad Erzberger is famous all over Germany for initiating a vast number of such status proceedings. The District Court followed the arguments of OPPENLÄNDER and decided that TAKKT AG is not subject to the regulations of the German Co-Determination Act since employees of foreign subsidiaries do not have to be considered for this purpose. An international interpretation of the German definition of employees is not required based on European or German Constitutional Law, according to the court.
Further, the District Court has decided that Mr. Dr. Erzberger has to bear all court costs on reasons of equity. To initiate a vast number of status proceedings (more than thirty proceedings) to clarify a rather political question is – according to the court - not in the interest of the companies or the general public. This decision on the costs might become a model for other courts in the other “Erzberger-proceedings”.
TAKKT AG was advised by Dr. Felix Born, Dr. Carl Höfer (Corporate/M&A), Prof. Dr. Christofer Lenz, Rahel Diers (Constitutional Law and European Law).