Ad hoc Announcement of Easy Software AG according to § 15 WpHG
Mülheim an der Ruhr / Germany, February 12, 2016
By judgement of February 11, 2016, EASY SOFTWARE AG received today, the District Court Duisburg sentenced EASY Solutions GmbH, the former chairman of the supervisory board Manfred A. Wagner and the former member of the management board Josef Gemeri – jointly and severally liable – to pay damages amounting to EUR 400,000.00 plus interest to EASY SOFTWARE AG. Furthermore, EASY Solutions GmbH and Manfred A. Wagner were sentenced, jointly and severally, to pay further damages amounting to EUR 83,440.33 plus interest to EASY SOFTWARE AG. Moreover, the District Court Duisburg decided that Manfred A. Wagner and Josef Gemeri are obliged, jointly and severally, to compensate all further damages of EASY SOFTWARE AG that have resulted or will result from the guarantee to secure liabilities of EASY Solutions GmbH and from the settlement of liabilities of EASY Solutions GmbH amounting to a front ranking liability amount of EUR 400,000.00. Manfred A. Wagner furthermore has to compensate all damages that have resulted or will result from the guarantee to secure liabilities of EASY Solutions GmbH and from the settlement of liabilities of EASY Solutions GmbH exceeding a liability amount of EUR 400,000.00. The action against the former member of the supervisory board Wolfgang Glücks was dismissed.
According to the general assembly’s resolution of August 28, 2013 on agenda item 11, the special representative appointed by the general assembly on July 26, 2012, on behalf of the Company, sued the aforementioned former members of the corporate bodies and EASY Solutions GmbH for expenditure and damages; after revocation of the representative, the management board and the supervisory board continued the legal proceedings.
The court decisions relate to a guarantee granted by EASY SOWFTARE AG to secure current account liabilities of EASY Solutions GmbH and the settlement of liabilities of EASY Solutions GmbH by EASY SOFTWARE AG as well as the claim for interest on the settlement of liabilities in favour of EASY Solutions GmbH. At the relevant point in time, EASY Solutions GmbH was not part of the EASY group; majority shareholder was IPM Industrie Participation Management M.A. Wagner GmbH, a company controlled by Manfred A. Wagner.
The court order is not yet final.
Further tort litigation is not yet completed.
EASY SOFTWARE AG
The Management Board