Next step in the dispute over the merger of Edeka and Kaiser’s Tengelmann: Edeka appeal against the decision of the OLG Dusseldorf one to stop the merger. Now the case is in federal court. The Federal Ministry of Economics will soon follow suit.
The retail group Edeka has lodged an appeal against the temporary injunction of the OLG Dusseldorf, by which the Court had stopped the merger of Edeka and Tengelmann. The Federal Court must now decide on the leave to appeal against a decision of the Düsseldorf Court.
German Economics Minister Sigmar Gabriel had approved the merger of Germany’s largest food retailer with Kaiser’s Tengelmann by ministerial approval, although the Cartel fusion had previously banned. Against the ministerial permit the losing competitor Rewe had complained. Then, the OLG Dusseldorf ruled in summary proceedings in favor of Rewe and initially stopped the merger.
Legal skirmishes
The main method in which it will also deal with the question whether the Federal Minister of Economics was biased in his decision to actually take place in September. There, the proponents of the merger but had probably long odds: The SPD politician denies all allegations made in the temporary injunction vehemently. The court insists contrast previously on the belief: The Minister had led secret talks, it sees three undocumented meeting with Edeka, Tengelmann and the ver.di union proved
Now. puts Edeka appeal against the refusal of the appeal a. This is the next and expected step under all kinds of legal skirmishes that are discharged since the decision in mid-July.
The court which to decide on an appeal by competitors Rewe against the ministerial approval had, stands on one, Edeka and the Federal Ministry of Economics are on the other side. It is not expected that the court will recede under Chairman Jürgen Bold of his sharp criticism of Gabriel’s approach. This was preceded by requests for fact correction that had provided both Edeka as well as the Ministry and the abschmetterte the Court as unfounded.
Federal Ministry of Economics undertakes legal steps
As the WDR learned and the Federal Ministry of Economics will file legal action against the Eilentscheid the OLG in any case. Currently is apparently tested with high pressure, what kind of appeal could be most promising. By mid-August, however, an action should be filed. When exactly this will happen is still unclear
The OLG had in his Eilentscheid actually has that no appeal could be lodged -. Except on non-admission. It would be possible, however, a license-free appeal, in which one could refer not only on technicalities, but also on content such as the allegation of secret talks and partiality
The central motif. jobs receive
Gabriel could also relate to the content that the OLG Dusseldorf, so far refuses to recognize the preservation of jobs as a common good reason justifying a ministerial permit. For Gabriel, he said it at least even, but this was the central theme of his decision. He explained his decision by a personal appearance before members of the economic committee in April, does not meet in public and in which it occurs only in exceptional cases.
In the coming week the minister would want to testify again, in a special session, which requested the open Group. But now the Green Party received a letter from President of the Bundestag Norbert Lammert. The CDU politician told the special meeting around the Edeka-Tengelmann affair surprisingly from.
Lammert not even meet such decisions, but is determined by the majority of political groups. The opposition is not strong enough to enforce the session. SPD and CDU were therefore against it. For the Greens, this attitude was “absurd and incomprehensible,” Katharina Dröge said that cares within the Group to the questionable operations to ministerial approval.
The fact that Gabriel given its “apparently false statements “until a special session pickup and then his own faction abschmettere this proposal, they can not understand:” the Bundestag and the workers at Tengelmann now need clarity and not only in seven weeks, “so Dröge
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