The Articles of Association must provide for an age limit for the performance of the duties of Supervisory Board member applying either to all Supervisory Board members or to a specified percentage of them.
In the absence of an express provision in the Articles of Association, the number of Supervisory Board members who have reached the age of seventy may not exceed one third of the Supervisory Board members in office.
Any appointment made in breach of the provisions of the preceding paragraph shall be null and void.
In the absence of an express provision in the Articles of Association providing for another procedure, when the statutory or legal limit set for the age of Supervisory Board members is exceeded, the oldest Supervisory Board member shall be deemed to have resigned automatically.