SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C. 20549
Form 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR
15d-16 UNDER
THE SECURITIES EXCHANGE ACT OF
1934
For the month
of April 2010
Commission File Number 1-12356
DAIMLER AG
(Translation of registrants name into English)
MERCEDESSTRASSE 137, 70327
STUTTGART, GERMANY
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F.
Indicate by check mark whether the registrant by furnishing the
information contained in this Form is also thereby furnishing the
information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
If Yes is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-
DAIMLER AG
FORM 6-K: TABLE OF CONTENTS
1.
Annual Meeting 2010 countermotions from Shareholders /
Position of the management on the countermotions
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
STATEMENTS
Forward-looking statements in this document:
This document contains forward-looking
statements that reflect our current views about future events. The words anticipate,
assume, believe, estimate, expect, intend, may, plan, project, should
and similar expressions are used to identify forward-looking statements.
These statements are subject to many risks and uncertainties, including
a lack of further improvement or a renewed deterioration of global economic
conditions, in particular a renewed decline of consumer demand and investment
activity in Western Europe or the United States, or a downturn in major Asian
economies; a continuation or worsening of the tense situation in the credit and
financial markets, which could result in a renewed increase in borrowing costs
or limit our funding flexibility; changes in currency exchange rates or
interest rates; the ability to continue to offer fuel-efficient and
environmentally friendly products; a permanent shift in consumer preference
towards smaller, lower margin vehicles; the introduction of competing,
fuel-efficient products and the possible lack of acceptance of our products or
services, which may limit our ability to adequately utilize our production
capacities or raise prices; price increases in fuel, raw materials and precious
metals; disruption of production due to shortages of materials, labor strikes,
or supplier insolvencies; a further decline in resale prices of used vehicles;
the effective implementation of cost-reduction and efficiency-optimization
programs at all of our segments, including the repositioning of our truck
activities in the NAFTA region and in Asia; the business outlook of companies
in which we hold an equity interest, most notably EADS;
changes in laws, regulations and government policies,
particularly those relating to vehicle emissions, fuel economy and safety, the
resolution of pending governmental investigations and the outcome of pending or
threatened future legal proceedings; and other risks and uncertainties, some of
which we describe under the heading Risk Report in Daimlers most recent
Annual Report and under the headings Risk Factors and Legal Proceedings in
Daimlers most recent Annual Report on Form 20-F filed with the Securities
and Exchange Commission. If any of these risks and uncertainties materialize,
or if the assumptions underlying any of our forward-looking statements prove
incorrect, then our actual results may be materially different from those we
express or imply by such statements. We do not intend or assume any obligation
to update these forward-looking statements. Any forward-looking statement
speaks only as of the date on which it is made.
Annual Meeting 2010
Countermotions from Shareholders
As
follows, you will find countermotions from shareholders who oppose the
proposals made by the Board of Management and/or the Supervisory Board on the
Agenda of the Annual Meeting to be held on April 14, 2010, which the
Company has to make accessible to all its shareholders.
Dear Shareholders,
For
our Annual Meeting to be held in Berlin on April 14, 2010, shareholders
have submitted countermotions to Items 2, 3 and 6 of the Agenda.
***
Mr.
Paul Russmann
, Stuttgart
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
Reason:
In
2009, Daimler AG produced not only military Unimogs and military trucks, but
also, through its equity interest in Europes third-largest armaments producer
the European Aeronautic Defence and Space Company (EADS), carrier systems for
atomic warheads and other inhuman weapons. The Board of Management under the
leadership of Dieter Zetsche supports, as a major shareholder, the decision of
EADS in the future declaredly to massively increase the proportion of armaments
produced by EADS. Because of the armaments business, many shareholders do not
buy shares in Daimler AG, sustainability funds exclude Daimler shares from
their funds, and potential customers do not decide in favor of automobiles of
the Mercedes Car Group, but for vehicles from the competition. The Board of
Management bears the ethical and economic responsibility for this absolutely
comprehensible customer behavior. In the view of the Critical Daimler
Shareholders (Arndtstr. 31, 70197 Stuttgart, tel.: 0711 608396, www.kritischeaktionaere.de),
through its armaments involvement at EADS, Daimler is violating the intentions
of good corporate governance and of corporate social responsibility.
***
Mr.
Jürgen Grässlin
, Freiburg
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified, as
they are inconsistent with the Code of Ethics.
Reason:
Daimler
AG is one of the leading holders of voting rights in the armaments giant
European Aeronautic Defence and Space Company (EADS N.V.). EADS is in seventh
place in a global ranking of armaments exporters. The Board of Management of
Daimler AG, which in personnel terms is closely intertwined with the top
management level of armaments giant EADS, supports weapons deliveries even to
regimes that violate human rights.
For
example, the United Arab Emirates and Saudi Arabia are receiving refueling
planes of the type A330MRTT. There are also far-reaching consequences from the
export of military helicopters, an area in which EADS/Eurocopter has the
worlds widest choice. 140 countries are Eurocopter customers, including
countries that violate human rights and wage wars. For example, the Brazilian
armed forces are receiving 11-ton-class helicopters of the type EC725. Weapons
exports to violent regimes are also planned for the future: Malaysia is to
receive military transporters of the type A400M. The immense number of 72
fighter planes of the type Eurofighter/Typhoon is to be exported to the regime
in Saudi Arabia, which violates human rights. And the Indian air force is
testing the Eurofighter.
I
could name many other weapons transfers. All of these weapons exports are
morally absolutely reprehensible; they lack any trace of ethically responsible
behavior. For the use of the weapons in wars and civil wars, not only the
German government but also the Boards of Management of Daimler and EADS are
responsible. They are partially to blame for the use of Daimler/EADS weapons in
battlefields all over the world.
In
its current armaments export report, the Joint Conference Church and
Development (GKKE 2009) vehemently criticizes the renewed dramatic increase in
weapons deliveries from Germany also those of the leading armaments exporter
EADS. Representatives of the Protestant and Catholic Churches are right to
point out that the internal human rights situation in the United Arab
Emirates, Malaysia, Saudi Arabia, India und Brazil is very bad. In many
receiving countries, according to the GKKE, there is also an incompatibility of
armaments and development.
The
Code of Ethics approved in July 2003 obliges the Board of Management to
avoid misconduct and to promote ethical behavior. Ethically responsible
behavior is demanded in the current Daimler Annual Report 2009. The EADS
management also claims in its Annual Report that its actions are based on the
application of highly moral standards.
The
discrepancy between the claim to be acting in an ethically responsible manner
and the reality of completely uninhibited armaments exports could not be
greater. The Daimler Group profits from the 34 warlike conflicts currently
raging through EADS armaments exports and also through the unbridled supply of
Mercedes military vehicles to crisis and war areas.
2
In
order to counter the dramatic development of inhuman armaments exports and
vehicle shipments, the Critical Daimler Shareholders (KAD) together with the
German Peace Society United Military Service Opponents (DFG-VK), the Peace
Center Association of Braunschweig, the Militarization Information Point (IMI
e.V.), Living Without Armaments (ORL), the Pax Christi movement (German
section), the Armaments Information Bureau (RIB e.V.) and the Workshop for
Nonviolent Action, Baden (WfgA) are intensifying the campaign
We dont buy Mercedes: boycott armaments exports!
(see www.wir-kaufen-keinen-mercedes.de)
.
As long as Daimler/EADS profits from dealing in death, we request of all
citizens: Do not buy Mercedes vehicles.
I
will be pleased to answer any inquiries (j.graesslin@gmx.de). For further
information, see www.juergengraesslin.com.
***
Mr.
Dietrich-E. Kutz
, Biberach
Regarding Items 2 and 3 of the Agenda:
Motions
not to approve the resolutions on the ratification of the actions of the
members of the Board of Management (Item 2) and of the members of the
Supervisory Board (Item 3)
Motion A
Regarding Item 6 of the Agenda:
Motion
to reject the resolution on authorization to acquire the Companys own shares
(Item 6), specifically use of shares d) cc)
Reason:
The
extension of the contract of Mr. Zetsche is a mockery of the shareholders
and of the workforce. He wrecked and flattened the strategic investments,
Mitsubishi and Chrysler, instead of revitalizing them, as would have been
necessary. Many billions of euros burned and the existence of the core company
jeopardized, i.e. market leadership in automobile construction sacrificed. He
is the gravedigger of the investments. There is to be no false praise any more
but a sober stocktaking. Is the stock corporation only a sophisticated
vehicle for personal enrichment without personal responsibility? And is the
small shareholder the cannon fodder for that purpose? What have they learnt
from the financial/economic crisis? When I think of Daimler at night I
find it impossible to get to sleep! Daimler AG - corruption: aberration or
orientation? More rigorous controls and stricter rules are urgently
required. The former innovation market leader run-down to a jeopardized
automaker? This fate is humiliating!
The
185 million dollar fine is to be paid out to the shareholders as a special
bonus. 50% of it is to be siphoned off from the boards and the external
auditors. Further statements at the Annual Meeting.
3
***
Mr.
Holger Rothbauer
, Tübingen
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
Reason:
Under
its former name of Daimler Benz AG between 1948 and 1994, Daimler AG was
economically deeply involved in the former apartheid South Africa and thus also
profited to a high degree from the repression of the black and colored majority
of the population.
A
lawsuit is currently running in the United States against six companies,
including Daimler AG. In the so-called Khulumani class action, 58,000 victims
of the apartheid regime and their families are claiming compensation also from
Daimler on the grounds of aiding and abetting serious violations of human
rights during the apartheid era in South Africa.
After
the claims were first made in 2002 and dismissed, a federal court of appeal
found in favor of the South African plaintiffs and allowed the claims to go
forward. The action was returned to the initial court in New York. In a ruling
of April 8, 2009, Judge Shira Scheindlin admitted the claims on the basis
of the Alien Tort Claims Act. The claims are now pending against Ford, IBM,
Daimler, GM and Rheinmetall.
Like
the other defendants, Daimler AG is accused of aiding and abetting serious
violations of human rights by the apartheid regime through its South African
companies. The accusations made against Daimler include aiding and abetting by
collaborating with the security services and by supplying the security services
with trucks and truck components. Also the supply of military Unimogs and
multi-sensor platforms for the surveillance of black people in the homelands
are deemed to be aiding and abetting violations of human rights.
The
accused Ford, IBM und Daimler have appealed against the admission of the
lawsuit and have proposed that the claims be dismissed.
Instead
of seeking out-of-court solutions with the victims associations in South
Africa naturally only in connection with a legally effective and irrevocable
waiver of legal action by the associations Daimler is participating in an
image-damaging mammoth legal dispute. But now it would be possible to combine
Daimlers current good social activities in South Africa in coming to terms
with the apartheid era and supporting projects for young South Africans to
overcome racial separation and racism with recognition of blame, a
comprehensive apology, and compensation for the apartheid victims.
Instead
of this, contrary to all historical evidence, Daimlers involvement in the
apartheid system is being denied by means of legalistic banter. At the same
time, the use of Mercedes vehicles for example in violent raids of the
hometowns by the apartheid police has been clearly documented all the way to
the UNO. The Board of Management must terminate this
4
dishonorable
judicial spectacle as soon as possible and enter into serious negotiations with
the victims associations in South Africa.
The
actions of the Board of Management cannot be ratified also for another reason:
In spite of being asked at the Annual Meeting in 2006 about the high provisions
in the year 2005, it failed to give any specific answers with the justification
of general risks in the US automobile market. After the publication of the
current corruption accusation against Daimler by the US Department of Justice,
it is clear that a substantial fine for bribery in at least 22 countries was
already anticipated in 2005, although apparently the Board of Management was
unwilling to put a stop internally to the obviously systematically corrupt
sales model. The cases of bribery are supposed to have continued until 2008.
What kind of disastrous compliance concept does our company have or did they
just not want to discontinue this system?? It cannot be true that the
shareholders should now offset this nine-digit figure without the responsible
persons being held liable!
***
Ms.
Winkler-Pedernera
, Stade
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified, as
they were apparently already aware of cases of corruption years ago, only fully
prohibited bribery in 2008, and in some cases actually brought legal action
against whistleblowers.
Reason:
It
is unacceptable that the members of the Board of Management are entitled to
bonus payment of millions of euros every year, although presumably some of the
longstanding members simultaneously did enormous damage to the company in
nine-digit amounts due to the current corruption scandal.
The
offer to pay settlement in an amount of approximately 185 million US dollars
says it all. It is certainly financially advantageous for our company and
therefore correct to seek a settlement. At the same time, this procedure
indicates why the Board of Management is so keen to end the investigations that
have been going on for several years. According to the US Department of Justice,
the top management levels were involved in the illegal actions, because at
least one member of the top management had to approve the opening of a
black-money account.
There
are also clear indications that the former head of Daimlers Internal Auditing
department warned the Board of Management already in 2000 about the system of
internal foreign accounts. At that time, Jürgen Schrempp was Chairman and
Dieter Zetsche was a member of the Board of Management.
5
Daimler
AG is supposed to have made such payments for a decade until 2008 through a
network including more than 200 foreign accounts. Monies were paid into at
least 22 countries. The US Ministry writes of a corporate culture that
tolerated and promoted bribery.
The
complaint was triggered by a courageous former employee who adhered very well
to the ethical guidelines. But the accountant was then dismissed after
questioning accounts controlled by Mercedes-Benz subsidiaries in South America.
This
makes it clear that Daimler AG chose the right way in the direction of
compliance. Promoting adherence to applicable laws and regulations, to the
related internal guidelines and procedures, as well as to voluntary commitments
in all business activities is stated by Daimler AG in a letter to the
Association of Critical Shareholders (www.kritischeaktionaere.de) as being the
top priority of the Board of Management of Daimler AG and its employees. But
the zero tolerance principle demanding that so-called whistleblowers are
treated fairly has existed only since January 2008 (see http://www.whistleblower-netzwerk.de).
Whistleblowers
within the Group are recognized as having a corrective influence and are
supported, which is hereby expressly welcomed. But there are also
whistleblowers outside the Group, including us, the Critical Daimler
Shareholders (KAD). Jürgen Grässlin, a spokesman of the KAD, stated in the
summer of 2005 in an interview on the announcement of the resignation of the
then Chairman of the Board of Management Jürgen Schrempp that he also had to
resign because his business had likely not always been so clean. This
suspicion has become more concrete at the latest now in a bitter and
expensive way.
It
contradicts the compliance guidelines that legal action was taken on several
occasions by Schrempp and the Group against a critic of dubious gray-market and
corrupt practices with sound arguments (www.daimler-prozesse.net). It is also
incomprehensible why the costs of the lawsuit against Grässlin, which was
rightly lost in the Federal Supreme Court on September 22, 2009, have to
be paid by the Group and implicitly by all shareholders and not by those
persons whose business was apparently not always so clean.
***
6
Mr.
Alexander Dauensteiner
, Solingen
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
Reason:
We
dont drive to win only in Formula 1, but also in Formula Green with premium
automobiles that combine environmental responsibility with the fascination of
Mercedes-Benz, stated Dieter Zetsche on the occasion of the 2010 Geneva Motor
Show. The problem: At present we are not even good enough in Formula Green
for a place on the rostrum. The Group is still driving miles behind the
competition. Explicitly: BMWs current fleet consumption is the equivalent of
150 grams of CO
2
per kilometer. Daimlers cars have about 160 grams
per kilometer. A few weeks ago, the competitor from Munich presented the 320d
EfficientDynamics Edition with maximum power output of 120 kW and consumption
of just 4.1 liters of diesel per 100 km. In comparison: the C 200 CDI
BlueEFFICIENCY consumes 5.0 liters/100 km, the C 220 CDI BlueEFFICIENCY 4.8 liters/100
km. BMW is meanwhile one of the manufacturers that have been able to reduce
their fleet consumption the most in recent years. The reason is the early
introduction of consumption-reducing packages well before the competitors,
including Daimler AG.
If
one considers the complete product ranges of both manufacturers, all cars of
the Mercedes-Benz brand consume an average of 8.9 liters/100 km. In a direct
comparison, the competitor BMW comes to just 7.6 liters/100 km. Compared to the
figures for the 2007 model range, Daimler AG was able to reduce the average
fuel consumption by just 0.55 liters/100 km. In the same period, BMW reduced
the mean fuel consumption of all its cars by 1.4 liters/100 km. Meanwhile, the
competitor in Munich offers 27 models with a maximum of 140 g CO
2
/km.
The
orientation towards fuel-efficient models and the use of new, alternative drive
concepts is of crucial economic importance. In the past 15 years, the Critical
Shareholders have again and again submitted countermotions and made speeches
pointing out the importance of research and the development of efficient cars.
It took the Group far too long to adapt to this market trend. Today, we are
still driving behind the competition.
***
Mr.
Ulrich Stockhausen
, Reutlingen
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
7
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Ulrich
Stockhausen Baumstattcrstr. 32 72762 Reutlingen Tel.:07121 204377 Fax: 07121
204377 An Daimler AG Investor Relastions Betr.: Daimler HV 14.4.2010 Berlin,
Mein Gegenantrag (Erganzungsantrag, Tagessordnungspunkt 2 Entlastung
Vorstand (vgl. Aktiengesetzt $ 119/120/126 Bezug: Menschen im Aufbruch
Projektc, Dic die Welt verandern, I. Auflage 2003 a) Via Nova
www.verlag-vianova.com Regenwald Projekt POEMA mit DAIMLER b)
Internet-Info: POEMA-NINA HOSS, Presseinfo 5.11.07 (12.00 Uhr) Berlin c) THE
NOBEL LAUREATE SYNPOSIUM, 2007 Potsdam MAT 2009 LONDON Vergleiche Internet:
potsdam institut nobel cause ) NOBEL Laureates : TROPICAL FOREST
PROTECTION : fierce urgency of now SOFORTIG STOPP DER ENTWALDUNG Pro:
,, INNOVAT. Finazierung aus offentlichen- privaten Quellen: ,,
Waldgebiete-BIODIVERSITAT schutzen UNVERZICHTBAR::::ZUR VERMEIDUNG DES
KLIMAWANDELS:::::::Erhalt von Regenwaldgebicten unterstutzen...belohnen
Bezug d ) Interview mit Prof. H.J. Schellnhuber, Suddeutsche Zeitung 13/14.2.2010
Seite 22 (Chef Potsdam Institut Berater der KANZLERIN) Rcchte Spalte:
,,Entwicklung ist DRAMATISCH::: nichts fur den Klimaschutz zu tun, ware
GROB FAHRLASSIG...Juristen, Okonomen... wenig OFFEN fur ,,SYSTEM UND
LANGFRISTARGUMMENTE c) UN-Charter, Nov.1989: ,,EVERY CHILD HAS THE INHERENT
RIGHT TO LIFE In diesem Kontext a e und AKG § 93 SORGFALTSPFLICHT
VERANTWORTLICHKEIT - unternchmerische Entscheidungen auf Grundlage
angemessener Infos zum WOHLE DER GESELLSCHAFT... Bcantrage, ich den Vorstand
fur das vergangene Geschaftsjahr nicht zu entlasten, weil u.a.: PR-wirksame
POEMA Projekt NICHT ausgebaut wurde Daimler Vorstand, obwohl seit Monaten
Buro Dr. Zetsche zugefaxt....mehrfach strategisch falsche Prioritaten gesetzt
hat, im widerspruch zu uber 20 Nobelpreistragern. Naturwissenschaftlich gut
begrundete Prioritaten zu ignoriern and erste Prioritat auf technische
Inovation zu setzten ist grob fahrlassig und entspricht nicht seiner ,,Sorgfaltspflichit (AKG § 93.) Sincerely
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Willi Hoss und
das POEMA Projekt Indianer am Amazonas, arme Landbevolkerung, Umweltprobleme
und das Engagement eines Automobilherstellers Als Willi Hoss, Initiator und
Motor des Poema-Projektes in Brasilien, Anfang des Jahres 2003 starb, schrieb
Liberal, die groBte Tageszeitung im brasilianischen Belem: ,,Morreu o cacique
amazonico Willi Hoss na Alemanha ,,einer von uns ist in Deutschland
gestorben. Willi Hoss hatte sich Zeit seines Lebens fur eine bessere Welt
eingesetzt, als Betriebsrat bei DaimlerChrysler, als Politiker in der Partei
der Grunen, auch im Deutschen Bundestag. In Brasilien fand er Anfang der 9oer
jahre die letzte groBe Aufgabe seines Lebens POEMA: Pobreza e Meio ambiente
na Amazonia. Die Botschaft dieses Entwicklungsprojektes zur Bekampfung der
Armut und fur den Schutz des tropischen Regenwaldes im Amazonasdelta im
GroBraum Belem ,,ist einfach und einleuchtend, sagt der Leiter des
Projektes, Thomas Mitschein: ,,Wir werden die Regenwalder Amazoniens nicht
retten, wenn es uns nicht gelingt, die Lebensbedingungen der Menschen vor Ort
nachhaltig zu verbessern. Willi Hoss hat diese Botschaft mit Begeisterung
vertreten. Zunachst seinem ehemaligen Arbeitgeber gegenuber. Die langjahrige
und extrem produktive kooperation zwischen der DaimlerChrysler AG und POEMA ware
ohne seine Vermittlung schwerlich zustande gekommen.
Das POEMA-Projekt erforscht die nachhaltige Nutzung des tropischen
Regenwaldes und will damit den dort lebenden Menschen eine Lebensgrundlage
und Perspektive eroffnen. Abholzung, Brandrodung und Raubbau dieser
unschatzbaren Ressource der Menschneit iassen sich nur dann verhindern, wenn
Alternativen aufgezeigt werden. Im Rahmen des POEMA-Projektes produzieren
kleinbauerliche Familien unter anderem Kokosfasern und verarbeiten diese
selbst in kleinen Fabriken weiter oder liefern sie an
die Automobilindustrie. ,,Die Kokosfasern finden in
unseren Pkw und Nutzfahrzeugen Verwendung in Kopfstutzen, Sonnenblenden sowie
Sitz- und Liegepolstern, sagt Matthias Kleinert, Generalbevollmachtigter der
DaimlerChrysier AG. Matthias Kleinert hat die Initiative von Willi Hoss von
Anbeginn an untertutzt. Nach nunmehr gut zehn lahren kann bilanziert werden,
dass es in dem Projekt dank des Engagements der beteiligten Menschen gelungen
ist, vielfaltige, beim ersten Augenschein sehr unterschiedliche Interessen
zum Ausgleich zu bringen zum gegenseitigen Nutzen. ,,Wie
schwierig der Dialog zwischen dem Suden und dem Norden in Wirklichkeit ist,
hat William eigenen Leiberfahren, sagt Thomas Mitschein, ,,aber er hat sich
davon nicht entmutigen lassen. Im Gegenteil. Er hat seine Anstrengungen in
Deutschland verdoppelt, um vor allem in der zivilen Gesellschaft fur die
Unterstutzung nachhaltiger Entwicklungswege in Amazonien zu werben. Die von
ihm mobilisierten finanziellen Ressourcen hat er in Projekte fur keimfreies
Trinkwasser, alternative Energien und Gesundheitsversorgung investiert. Aus
eigener Initiative hat er Beziehungen zu den Ureinwohnern Amazoniens
aufgebaut. Speziell zu den Kaapor-Indianern, die ihn, im Beisein von Ehefrau
Heide und Tochter Nina, zum Ehrenhauptling ernannt haben.
,,Unsere letzte Reise im November letzten Jahres war fur Willli und mich
besonders schwer, berichtet Gerd Rathgeb, langjahriger Freund und
Mitstreiter von Willi Hoss fur die gute Sache.,, Willi annte, dass es das
letzte Mal sein wurde, seine Freunde und Freundinnen in Belem, in Santarem,
in ltarena, in Surucua oder in Abeidetuba zu treffen. Aber beide waren stolz
und glucklich, denn mi den Worten,, wir haben heute den Traum unserer Vater
erfullt hat te sich eine Frau bei der Einweihung eines Trinkwassersystems [ILLEGIBLE]
einem Dorf am Rio Tapajos bedankt. Poema hatte ihr zu etwas gan Wichtigem
verholfen: zu sauberem Trinkwasser. blue efficiency blue motion blue lion
innovative financing mechanisms 3/2010 YEJ, WEDO: 1) PROTECTION TROPICAL
FOREST 1) vgl / report [ILLEGIBLE] [ILLEGIBLE] Symposium London 2009
Cooperation Daimler Csr Board Csr Office : Basis Fur Blue Efficiency Jst:
biodiversity protection [ILLEGIBLE] [ILLEGIBLE] [ILLEGIBLE] [ILLEGIBLE]
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***
Dr. Bernd T. Gans
, Vaterstetten
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
Reason:
Unclear and unprofitable product policy at Mercedes Cars
The
discontinuation of the Board of Management position for Corporate Development
and Strategy and the transfer of those tasks into the operational departments
were taken note of in last years Annual Meeting with general approval. The
hopes raised by the departure of that Board of Management member, being the
person responsible for disastrous erroneous investments (Chrysler, Mitsubishi,
Internet companies, battery production etc.), have so far not been fulfilled.
In
fact, this once highly profitable German company cannot even pay a dividend for
2009. The development of the share price demonstrates the capital markets
skeptical assessment.
It
is true that the Chairman of the Board of Management announced before being
reappointed that Mercedes would produce 1.5 million vehicles in the year 2015
(!). But from the shareholders perspective, it is fully unclear whether and
how the car division is to become profitable again with this rather mediocre
target compared internationally.
In
its current product structure, Mercedes has a large number of modules with
regard to engines, axles and transmissions for vehicles from the lower middle
class to the upper class (C, E, M and S-Class), making it possible to
compensate for fluctuations in demand between various classes and markets to a
limited extent. The attractiveness of these typical Mercedes segments is
enhanced with niche vehicles such as the CLS or the recently presented
convertible version. However, BMW and Audi have achieved substantial growth in
these segments in recent years with a comparable product policy. Against the
backdrop of the obviously tough competition in the premium segment, the
potential for growth for Mercedes models must therefore be rather limited in
the future.
It
is also to be feared that the former profit margins in these segments cannot be
achieved again, because the worldwide sales crisis has had a considerable
negative impact on prices also in the premium segment. This is demonstrated by
discounts to a previously unknown extent and high depreciation of used-car
inventories particularly at Mercedes.
The
profitability of Mercedes-Cars is jeopardized to an even higher degree by the
A- and B- Class and by the Smart class, which have been produced for years
as two stand-alone segments without any links with each other or to the premium
segment. Since in this way they have never been able to achieve critical mass
when compared internationally, the resulting operating profit has been fully
unsatisfactory.
Cooperation
with other producers is therefore required in order to have access to
construction blocks/modules like at other groups. As is well known, the attempt
made by Mr.
10
Schrempp
and his team to achieve cost advantages by way of a World Car Company failed
because of the choice of unsuitable partners. But also in the past five years
since his departure, no effective cooperation has occurred.
Should
the rumors be true that Mercedes would like to cooperate with Renault/Nissan on
small and compact vehicles with cross equity holdings, the Board of Management
is requested to disclose this in the Annual Meeting and to state concrete
earnings targets for the small and compact segment in the medium term.
It
should also be explained how the very different involvements with producers of
electric vehicles (BYD, Tesla, possibly Nissan/Renault) can be combined into a
profitable overall strategy.
***
Mr.
Walter Schwenninger
, Tübingen
Regarding Item 2 of the Agenda:
The
actions of the members of the Board of Management are not to be ratified.
Reason:
Daimler
AG with its Board of Management has not yet reacted to the demands of the
international campaign for debt relief and compensation in South Africa to take
a stance towards the public debate about the involvement of the Daimler Group
in the unjust apartheid system in South Africa, to express an apology and to
contribute to the financial compensation for the victims.
Archbishop
Desmond Tutu, who always denounced the involvement of German companies during
apartheid, was at the dialogue program of Prof. Hans Küng in the festival hall
of the University of Tübingen on June 15, 2009, and was asked about this
topic. He said: They have to pay.
The
former Daimler-Benz AG earned billions in the business with armaments companies
in apartheid country South Africa and thus bears part of the responsibility for
this uniquely unjust regime (according to the UNO) being able to exist for so
long with the help of the security apparatus. In particular with expensive
armaments goods (military vehicles etc.) and civil license production in the
country (engines that were used in military vehicles), the company helped to
break the UNO armaments boycott and to build up the mountain of debt with these
odious debts.
According
to the report of the Truth Commission in South Africa, our company should long
ago have publicly declared at least once that it bears part of the blame for
the grave violations of human rights (murder, torture, sexual violence,
arbitrary arrests).
11
The
Khulumani group of plaintiffs, which represents 32,000 victims, is now taking
legal action in the United States against international companies including our
Daimler AG. In the middle of January, the lawsuit was passed on to the next
level of jurisdiction. A verdict is expected before the soccer World Cup in
South Africa.
In
times of globalization, a company that now also has to pay a fine of 185
million euros for worldwide corruption should first eliminate its legacy
burdens and comply with Bishop Tutus demand and pay. Only in this way can our
national team players credibly wear the Mercedes star on their shirts, which,
as the good star on all roads, had become the symbol of repression and
violence in apartheid country South Africa. Only by coming to terms with the
past can our company credibly participate in the development of a sustainable
economy in an apartheid-free South Africa. This would also be to the benefit of
the entire region in Southern Africa.
Therefore:
No ratification for the Board of Management.
***
Mr.
Jürgen Grässlin
, Freiburg
Regarding Item 3 of the Agenda:
The
actions of the members of the Supervisory Board are not to be ratified due to
insufficient monitoring of the Board of Management.
Reason:
With
Dieter Zetsche as Chairman of the Board of Management and Manfred Bischoff as
Chairman of the Supervisory Board, Daimler AG is headed by two executives who
already bear part of the responsibility for the Daimler disaster of the
Schrempp/Kopper era as they held top management positions at that time.
The
current catastrophic condition of Daimler AG can be outlined as follows:
·
The
earnings
disaster
is reflected by a loss of 2,644 million (2009). Two years
before, there was still a net profit of 3,985 million (2007).
·
The
revenue
disaster
is expressed in the financial year by a revenue slump from
101,569 million (2007) to the present 78,924 million (2009).
12
·
The
sales
disaster
has become apparent in all four automotive divisions,
Mercedes-Benz Cars, Daimler Trucks, Vans and Buses, whose sales partially fell
by almost half within one year (see Trucks and Vans). Mercedes-Benz Cars sold
approximately 200,000 vehicles fewer in 2009 than two years before.
·
The
share-price
disaster
is to be seen in the end-of-year price of Daimler shares,
which was languishing at 37.23 as of December 31, 2009. In comparison: It
had still been at 66.50 in 2007 and at 94.20 in 1998 (DC).
·
The
ecology
disaster
is described by Alexander Dauensteiner in his
countermotion.
·
The
data-protection
disaster
regarding health tests with the taking of blood samples
during employees job-application procedure has been assessed by the
data-protection authorities as a violation of data-protection laws and must be
stopped.
·
The
human-rights
disaster
is described in exemplary manner by Holger Rothbauer with
the example of supporting the apartheid regime in South Africa.
·
The
corruption
disaster
in more than 22 countries was described by the newspaper
Stuttgarter Zeitung
on March 29, 2010
as follows: The US Justice Department is of the view that Daimler did nothing
to reduce corruption. ... There is talk of a corporate culture that not only
tolerates, but actually encouraged bribery. ... the efforts of individual
employees to take action against unlawful payments were not sufficiently
supported by the management until 2005. The last case is documented for the
year 2008 in the Zetsche era. While citizens are prosecuted for criminal
offences, Daimler wants to buy its way out with a payment of 185 million
dollars what kind of understanding of legality is this!? See the
countermotion of Beate Winkler-Pedernera for more details.
·
The
armaments
disaster
is particularly evident in the supply of weapons by
Daimler/EADS to regimes that violate human rights and to states that are waging
war. See the countermotions of Paul Russmann and myself for more details.
·
The
employment
disaster
has dramatic effects on the people concerned: Last year
(2009), 256,407 people worked for Daimler AG. Two years before (2007), the
number was 272,382.
·
The
salary
disaster
consists of the Chairman of the Board of Management,
Zetsche, who is to be held responsible for this failed business policy, being
rewarded with an annual salary of 4.2 million!
Numerous
lawsuits have been initiated in recent years by Messrs. Schrempp and Zetsche,
as well as by the company, against such critics as Prof. Wenger and myself. We
should be judicially silenced. This muzzle strategy has completely failed due
to the groundbreaking verdict of the Federal Supreme Court on September 22,
2009 in favor of freedom of opinion and freedom of the press (see www.daimler-prozesse.net).
The legal costs have to a large extent still not been paid although the
Groups management lost the case.
13
The
continuation of the longstanding Daimler disaster is primarily home made. The
people responsible for these catastrophes are the members of the Supervisory
Board, especially the members representing the shareholders. They approved the
Board of Management policy meeting after meeting.
This
Daimler disaster can only be alleviated by replacing the members of the Board
of Management and Supervisory Board with competent women and men. A new
management team has to implement the essential action for sustainable
ecologicalization, conversion of the armaments division (conversion to
meaningful civil production) and fundamental democratization and thus for
ethically and morally responsible action.
Please
direct your inquiries to the Critical Shareholders (dachverband@kritischeaktionaere.de,
www.kritischeaktionaere.de). The ArmamentsInformationOffice (rib@rib-ev.de,
www.rib-ev.de) and the DFG-VK (info@dfg-vk.de, www.dfg-vk.de) will provide
information on the inhuman armaments business of Daimler/EADS and
Daimler/Tognum. I am available for inquiries about the Daimler disaster (tel.:
+49 761 7678208, mobile: +49 170 6113759,
j
.graesslin@gmx.de,
www.juergengraesslin.com).
***
You can support these countermotions by voting NO on the
respective items of the agenda.
If you want to support the motions specially marked with
letters, please mark the relevant space on the paper version or the online
version of the voting form.
***
Position of the management on the countermotions:
The
Board of Management and the Supervisory Board maintain their motions as
presented in the agenda and recommend, to vote in accordance with the proposals
of the management.
14
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
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Daimler
AG
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By:
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/s/
ppa.
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Robert
Köthner
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Name:
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Robert
Köthner
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Title:
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Vice
President
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Chief
Accounting Officer
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By:
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/s/
i.V.
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Silvia
Nierbauer
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Name:
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Silvia
Nierbauer
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Title:
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Director
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Date:
April 12, 2010
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