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Jenoptik wins proceedings before the Bundesgerichtshof (BGH)

On May 8, 2006 the II. Zivilsenat (II. Senate) of the Bundesgerichtshof (Federal Supreme Court) ruled in favour of JENOPTIK AG in the appeals proceedings regarding a case in which a DEWB shareholder had claimed that Jenoptik had to take over more than 11,000 shares against the payment of a compensation of 26.51 euros per share and had obtained a favourable verdict from the Oberlandesgericht Jena.

This means, that according to the opinion of the BGH DEWB shareholders who had offered their shares to JENOPTIK AG have to prove that they acquired the shares before the termination of the control agreement between JENOPTIK AG and DEWB AG. As at the date of the termination of the control agreement, approximately 70,000 shares were owned by outside shareholders. To date, compensation has been paid in respect of 13,921 share for which DEWB shareholders provided the required proof.

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