(1) The election of a member of the supervisory board by the general meeting is null and void, except in the case governed by section 241 nos. 1, 2 and 5, only if:
1. the supervisory board is constituted such that section 96 (4), section 97 (2) sentence 1 or section 98 (4) is violated;
2. the general meeting elects a person not nominated in spite of its being bound to nominations (sections 6 and 8 of the Act on Employee Co-Determination in the Iron- and Steel-Producing Industry);
3. the election results in the statutory maximum number of members of the supervisory board being exceeded (section 95);
4. at the commencement of their term of office, the person elected is prohibited, pursuant to section 100 (1) and (2), from being a member of the supervisory board.
5. the election violates the stipulations of section 96 (2).
(2) The following are eligible to act as parties to an action brought to obtain a declaratory judgment from the court setting aside the election of a member of the supervisory board as null and void:
1. the central works council of the company or, where only a single works council exists for the company, the works council, as well as the group works council if the company is the controlling enterprise of a group of companies,
2. the central committee, or corporate council, representing the executive staff of the company or, where only a single council representing the executive staff exists for the company, the council representing the executive staff as well as the group council representing the executive staff if the company is the controlling enterprise of a group of companies,
3. the central works council of some other enterprise, the employees of which themselves vote, or vote through delegates, to elect members of the company’s supervisory board, or, where only a single works council exists in the other enterprise, the works council,
4. the central committee representing the executive staff, or the corporate council representing the executive staff, of some other enterprise, the employees of which themselves vote, or vote through delegates, to elect members of the company’s supervisory board, or, where only a council representing the executive staff exists in the other enterprise, the council representing the executive staff,
5. any union, as well as its umbrella organisation, represented in the company or in an enterprise, the employees of which themselves vote, or vote through delegates, to elect members of the company’s supervisory board.
(3) Where a stockholder, the management board, a member of the management board or of the supervisory board, or any organisation or employee representative body designated in subsection (2) brings an action against the company for a declaratory judgment by a court setting aside the election of a member of the supervisory board as null and void, section 246 (2), (3) sentences 1 to 4, (4), section 247, section 248 (1) sentence 2 as well as sections 248a and 249 (2) apply accordingly. Asserting nullity by some other manner than bringing an action is not precluded.