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Fresenius will continue the legal dispute concerning the payment of legal fees at the German Federal Court of Justice. The court granted Fresenius' complaint against the Frankfurt am Main Higher Regional Court's decision issued on February 15, 2011. The legal dispute concerns the time of payment of legal fees to a law firm, a partner of which was also a member of the Fresenius SE supervisory board. While the supervisory board approved the underlying mandate in advance, the related payments were approved retroactively. This practice is in accordance with the prevailing legal opinion regarding this technicality. However, the Higher Regional Court took the view that the payment should also only have been made after separate approval by the supervisory board.

Fresenius is a health care group with international operations, providing products and services for dialysis, hospital and outpatient medical care. In 2010, Group sales were approximately €16.0 billion. On September 30, 2011 the Fresenius Group had 145,118 employees worldwide.

For more information visit the Company's website at www.fresenius.com.

This release contains forward-looking statements that are subject to various risks and uncertainties. Future results could differ materially from those described in these forward-looking statements due to certain factors, e.g., changes in business, economic and competitive conditions, regulatory reforms, results of clinical trials, foreign exchange rate fluctuations, uncertainties in litigation or investigative proceedings, and the availability of financing. Fresenius does not undertake any responsibility to update the forward-looking statements in this release.

Fresenius SE & Co. KGaA
Registered Office: Bad Homburg, Germany
Commercial Register: Amtsgericht Bad Homburg, HRB 11852
Chairman of the Supervisory Board: Dr. Gerd Krick

General Partner: Fresenius Management SE
Registered Office: Bad Homburg, Germany
Commercial Register: Amtsgericht Bad Homburg, HRB 11673
Management Board: Dr. Ulf M. Schneider (Chairman), Rainer Baule, Dr. Francesco De Meo, Dr. Jürgen Götz, Dr. Ben Lipps, Stephan Sturm, Dr. Ernst Wastler
Chairman of the Supervisory Board: Dr. Gerd Krick