FMS Fresenius Medical Care AG

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 6-K

REPORT OF FOREIGN PRIVATE ISSUER

Pursuant to Rule 13a-16 or 15d-16 of the

Securities Exchange Act of 1934

For the month of November 2016

FRESENIUS MEDICAL CARE AG & Co. KGaA

(Translation of registrant’s name into English)

Else-Kröner Strasse 1

61346 Bad Homburg

Germany

(Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

Form 20-F x                                                                               Form 40-F o

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): o

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): o

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.

Yes o                                                                                                                      No x

If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82

Legal and Regulatory Matters

Subsequent to the submission of the Fresenius Medical Care AG & Co. KGaA (the “Company”) Report on Form 6-K for the month of November containing the initial extension for the dates in the opt-in process schedule under the agreement in principal described in the Company’s Form 6-K for the month of October containing the Company’s quarterly report for the nine months ended September 31, 2016, the opt-in process schedule was further amended as described below:

As subsequently amended with the Court’s approval, plaintiffs are required to advise FMCH about acceptances of the settlement by January 6, 2017; the Company will have until January 27, 2017 to exercise any rights to void the settlement; and payment of the settlement amount must be made by February 3, 2017 if the settlement is confirmed. Trials in cases not participating in the settlement, if any, are scheduled to resume February 6, 2017.  Additional incidental changes to this schedule are likely to occur.

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