(1) Where a stockholder, the management board, a member of the management board or of the supervisory board or of any organisation or employee representative body designated in section 250 (2) brings an action against the company for a declaratory judgment by a court that the election of a member of the supervisory board by the general meeting be set aside as null and void, a judgment finally and conclusively setting aside the election as null and void will take effect for and against all stockholders and employees of the company, all employees of other enterprises, the employees of which themselves vote, or vote through delegates, to elect members of the company’s supervisory board, the members of the management board and of the supervisory board, as well as the organisations and employee representative bodies designated in section 250 (2), even if they are not party to the proceedings.
(2) Where the election of a member of the supervisory board by the general meeting is set aside as null and void by a final and binding judgment, the judgment will take effect for and against all stockholders as well as the members of the management board and the supervisory board, even if they are not party to the proceedings. In the case governed by section 251 (2) sentence 2, the judgment also will take effect for and against the works councils, unions and umbrella organisations having authority pursuant to the present provision to bring an action for avoidance, even if they are not party to the proceedings.