(1) Where it is in dispute or uncertain which statutory provisions are to govern the composition of the supervisory board, exclusively that regional court is to take a decision on the matter, upon a corresponding petition having been filed, in the judicial district of which the company has its seat.
(2) The following parties are entitled to file such a petition:
1. the management board,
2. each member of the supervisory board,
3. each stockholder,
4. the central works council of the company or, where only a single works council exists for the company, the works council,
5. 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,
6. the central works council of some other enterprise, the employees of which themselves vote, pursuant to the statutory provisions the application of which is in dispute or uncertain, to elect members of the company’s supervisory board, or who vote through delegates, or, where only a single works council exists in the other enterprise, the works council,
7. 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, pursuant to the statutory provisions the application of which is in dispute or uncertain, to elect members of the company’s supervisory board, or who vote through delegates, or, where only a council representing the executive staff exists in the other enterprise, the council representing the executive staff,
8. at a minimum, one tenth or one hundred of the employees who themselves vote, pursuant to the statutory provisions the application of which is in dispute or uncertain, to elect members of the company’s supervisory board, or who vote through delegates,
9. umbrella organisations of the unions that would have a nomination right pursuant to the statutory provisions the application of which is in dispute or uncertain,
10. unions that would have a nomination right pursuant to the statutory provisions the application of which is in dispute or uncertain.
Where the application of the Employee Co-Determination Act or the application of provisions of the Employee Co-Determination Act is in dispute or uncertain, then besides the parties entitled to file a petition pursuant to sentence 1, one tenth, in each case, of the employees designated in section 3 (1) no. 1 of the Employee Co-Determination Act having voting rights or of the executives having voting rights within the meaning of the Employee Co-Determination Act also will be entitled to file a petition.
(3) Subsections (1) and (2) apply accordingly if it is in dispute whether or not the statutory auditor has correctly assessed the ratio of the turnover that is relevant pursuant to section 3 or section 16 of the Supplementary Co-determination Act.
(4) Where the composition of the supervisory board does not correspond to the decision taken by the court, the new supervisory board is to be constituted in accordance with the statutory provisions set out in the decision. Section 97 (2) applies accordingly subject to the proviso that the time limit of six months is to commence running upon the ruling having become final and binding.