Deutsche Börse AG

Legal Proceedings Report • Oct 20, 2008

News Details

Ad-hoc | 20 October 2008 11:43

Application of TCI for calling of an Extraordinary Shareholders’ Meeting dismissed

Deutsche Börse AG / Miscellaneous

Release of an Ad hoc announcement according to § 15 WpHG, transmitted by
DGAP - a company of EquityStory AG.
The issuer is solely responsible for the content of this announcement.

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The Executive Board of Deutsche Börse AG has dismissed today two
applications for the calling of an extraordinary shareholders' meeting of
The Children's Investment Master Fund, Cayman Islands, British West Indies,
and of The Children's Investment Fund Management (UK) LLP, London; the
wording of these applications is essentially the same. Pursuant to these
applications the sole item on the agenda of the shareholders' meeting
should have been the revocation of Mr. Kurtz Viermetz's appointment as a
member of the Supervisory Board with effect as of the end of the
extraordinary shareholders' meeting.

With respect to the application of The Children's Investment Master Fund
the Executive Board bases its decision on the fact that The Children's
Investment Master Fund is not registered in the share register and can,
therefore, not state any shareholder rights towards the company in
accordance with German law. With respect to the application of The
Children's Investment Fund Management (UK) LLP ('TCI LLP') the Executive
Board’s decision is based on the circumstance that the demand for the
calling of an extraordinary general meeting is not urgent because, after
Mr. Viermetz has resigned from his office, it has become obsolete. Taking
into account all periods to be complied with in accordance with statutory
law and the articles of association an extraordinary shareholders’ meeting
could have been held at the earliest at the end of November or the
beginning of December and, therefore, just a few days before Mr. Viermetz’s
resignation from his office will become effective as of the end of 8
December 2008 when the next ordinary Supervisory Board Meeting will be
held. This is apparently also the opinion of TCI LLP as an email to the CEO
shows which he has received after the resignation was announced last night;
this email states that TCI withdraws its application. Yet, a decision of
the Executive Board on the applications continued to be necessary as this
email does not comply with the statutory form requirements for a valid
withdrawal of the applications. On the substance of the matter the
Executive Board did further not follow the application of TCI LLP because
it is improper and does, therefore, not have any legal effect. TCI has
demanded in the recent past repeatedly that Deutsche Börse Group shall be
broken up. The chairman of the Supervisory Board of the Company has always
resisted this demand as it would result in damages for the Company and its
Group. The application of TCI LLP must be seen in this context.

Contact:
Dr. Frank Herkenhoff
Tel.: +49-69-21 11 15 00

20.10.2008 Financial News transmitted by DGAP

Language: English
Issuer: Deutsche Börse AG
Neue Börsenstraße 1
60487 Frankfurt am Main
Deutschland
Phone: +49 (0)69 211 - 0
Fax: +49 (0)69 211 - 12005
E-mail: ir@deutsche-boerse.com
Internet: www.deutsche-boerse.com
ISIN: DE0005810055
WKN: 581005
Indices: DAX
Listed: Regulierter Markt in Frankfurt (Prime Standard); Freiverkehr
in Berlin, Hannover, München, Hamburg, Düsseldorf, Stuttgart;
Terminbörse EUREX

End of News DGAP News-Service

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