Thursday, August 11, 2016

Sigmar Gabriel: New defeat at Edeka-Tengelmann Fusion – THE WORLD

defeat for German Economics Minister Sigmar Gabriel: The Higher Regional Court (OLG) Dusseldorf has rebuffed the Vice Chancellor and SPD chairman in the dispute over the supermarket Fusion again. Gabriel had requested from Cartel Division of the Higher Regional Court, allegedly to correct false statements of fact. These were the preliminary stop the ministerial approval for acquisition of Kaiser’s Tengelmann by Edeka of 12 July basis.

But the Düsseldorf judges saw no reason the impugned passages to correct. The application is “inadmissible” and “unfounded”, they decided on Thursday. Gabriel does not succeed so once again, to make points in the dispute over its merger permission.

With the OLG decision is also clear that the tug of war to the present 430 Kaiser’s supermarkets will drag on for many months. Only for November 16 began the Kartellsenat now the hearing in the so-called principal proceedings at that follows the urgent decision.

Tengelmann CEO and -Miteigentümer Karl- Erivan Haub had threatened to want to accept the losses produced by Kaiser’s much longer. However, he has already made consequences pass a self-imposed ultimatum to the end of July for collective agreements with the unions.



Kartellsenat substantiated allegations

the arguments with which the abschmetterte Kartellsenat chaired by judge Jürgen Bold the request of Gabriel officials on facts correction, clearly shows how deep the content ditch the Ministry. Essentially Bold substantiated his allegation of secrecy and possible bias Gabriels Ministers approval procedure in favor of Edeka and Tengelmann.

How is an opinion of Edeka lawyers to not been discussed promptly rival Rewe deal for Kaiser’s acquisition of 1 December 2015, all the parties in the same way. Rewe have instead learn about it only after seven weeks -. And on its own initiative

slap Sigmar Gabriel – court conceded ministerial permit

              The Oberlandesgericht Dusseldorf has stopped the special permission of Federal Minister Gabriel for the acquisition of Kaiser’s Tengelmann by Edeka provisionally. The judges doubt Gabriel neutrality Source:. The World

Gabriel had also emphasized discussions with Haub and Edeka CEO Markus Mosa did not jointly but separately taken place. In addition, a date had been specified incorrectly.

The court wiped it with the remark from the table, for the legal assessment it was’ irrelevant whether the defendant has with the men separately or spoken in a common conversation “. It remains in the concern of the Court, Gabriel did not so transparent, objective and fair the process is conducted as required by the law.

dispute has long dimension

Gabriel in turn attacked the interim prohibition of his ministerial authorization by the Düsseldorf judges sharp and fights with all legal means at hand. His ministry and Edeka have lodged an appeal against the refusal of the appeal of Eilbeschlusses from mid-July before the Bundesgerichtshof (BGH).

In the BGH will decide soon , Gabriel explains his decision mainly with the rescue of 16,000 jobs at Kaiser’s.

“10″ “ruling contains false assertions of fact”

              The economy minister regretted the court ruling, after the merger of the retail giant Edeka is stopped with Kaiser’s Tengelmann. His ministerial approval was intended to protect the 8,000 jobs Source:. The World

In addition to the legal dispute to the ministerial approval the whole has already received a political component. . A year before the election tried the competition to put the SPD leader under pressure

In the middle of the summer break in Berlin put the Greens now by: Gabriel had exceptionally often met with the unions to make the acquisitions possible, said the deputy faction leader Kerstin Andreae. Here the Ministry of Economy have even estimated that the ministerial approval for a second listing by the competitor Rewe was not necessary.

It is clear the impression that it was the unloved in favor of the voters Gabriel rather been a matter of points as SPD leader with the ministerial approval, Andreae said. It was just about gone the Federal Minister of Economics from the start, to secure the acquisition of Kaiser’s Tengelmann by Edeka

The process has gone in only one direction. “Namely, to make the acquisition of Kaiser’s Tengelmann by Edeka possible “. After the Green politician believes has “he abused this process”.



meeting with Edeka and Kaiser’s Tengelmann Chefs

As further evidence of this assertion, the Greens called a hitherto called meeting with Gabriel Edeka CEO Mosa and Kaiser’s Tengelmann Haub CEO on 23 September 2014. In a small inquiry to Gabriel’s ministry the Greens disclosure . all meetings between the Minister and the company representatives called for

In the response of the economic departments now reads: “On September 23, 2014 ie before the proceedings and the oral notification of the proposed transaction to the Bundeskartellamt on 7 October 2014, Mr. Markus Mosa and Mr. Karl-Erivan Haub Federal Minister Gabriel informed in a conversation about their intention to request the merger of Edeka and Kaiser’s Tengelmann to the Bundeskartellamt. ” From this meeting was not yet mentioned.

From the perspective of the countryside, it is difficult to understand that the minister has this date not yet disclosed. “We gained the impression that Sigmar Gabriel has been taken very early in the boat,” said the competition policy spokesperson of the parliamentary group, Katharina Dröge.

In November of that year there was then added a competing offer from Rewe. The Group tried to obtain appointments with Gabriel. Allegedly without success. Here the Minister had Rewe deal “not as an alternative” classified, prior to granting ministerial approval for a merger, the obligation to consider all alternatives and to document.



Gabriel himself considers the allegations of his critics on their merits. So had “Frankfurter Allgemeine Zeitung” reported a trade official from Gabriel’s ministry had held the ministerial approval for unnecessary. Gabriel got this comment ignored

Now the economy minister defended against these accusations. The Rewe deal was “not as an alternative” classified – neither from competition yet from work center view. Therefore, the ministerial approval was also granted.

Gabriel also rejected the view that he had ignored concerns from the Federal Ministry of Labour of his party colleague Andrea Nahles. The critical comments have related exclusively to voluntarily closed shop agreements of Kaiser’s Tengelmann with the works of the regions Berlin and Nordrhein. The Minister had on the other hand placed on collective agreements between Edeka and the relevant trade unions to safeguard jobs at Tengelmann.



Green considering Investigative Committee

the Greens are not enough answers from the Minister so far, however. Given this development, they hold therefore open the option to apply for a committee of inquiry. The decision they make of Gabriel’s answers to the many unanswered questions in the next regular meeting of the Economic Committee on 21 September dependent.

As it became known on Thursday, Edeka has now fulfilled the conditions for Gabriel whose ministerial approval. The Group agreed with the Food, Beverages and Catering Union (NGG) to a collective agreement to secure employment for approximately 400 employees in the meat works of Kaiser’s Tengelmann subsidiary Birkenhof as a union spokeswoman confirmed. First was the “Lebensmittel Zeitung” reported on the agreement.

She discovered that conditions Gabriel met, said the spokeswoman. Previously the union Ver.di had completed similar collective agreements for the Kaiser’s Tengelmann employees in Greater Berlin, Bavaria, North Rhine-Westphalia and the logistics location Nieder-Olm (Rheinland-Pfalz). The arrangements shall only enter into force if the stopped by the OLG Dusseldorf ministerial approval is carried out.

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