Friday, November 11, 2016

BGH takes the time pressure off negotiations to Kaiser’s Tengelmann

The discussions on the future of the embattled supermarket chain Kaiser’s Tengelmann in the length. Now, at least, is clear: The courts in the meantime, no facts.

Due to the ongoing negotiations of the Federal court of justice (BGH) falls in the dispute over the future of Kaiser’s Tengelmann, for the time being no decisions. A for the 15. November anberaumter appointment was on aligning the interested Parties Ask to be cancelled, informed the court in Karlsruhe. Something with less time resting on the talks pressure.

The judges wanted to deal with multiple complaints against an immediate decision of the higher regional court (OLG) Düsseldorf. Thus, the higher regional court of the Federal Minister of Economics Sigmar Gabriel (SPD) was in the Parade of dangers, had approved the proposed merger of Edeka and Kaiser’s Tengelmann by Ministerial approval. The main procedure in Düsseldorf rests since this week, at the request of the applicant, Rewe-group.

judges were disturbed by the secrecy

the market leader Edeka around 450 supermarkets Kaiser’s would take over Tengelmann. Gabriel Ministerial approval, should make the way free. The düsseldorf immediate decision prevented the execution. The judges were disturbed in secret talks to Gabriel.

some of those Involved had to arise as a result of the impression that the Minister was biased in making its decision, the higher regional court’s decision. In order for the merger to the final judgment in the main proceedings is not possible.

The düsseldorf judges had allowed against this decision no appeal. With non-registration of complaints to the Supreme court, Gabriel, Edeka and Kaiser’s Tengelmann have tried, nevertheless, a revision of bargaining. In addition, Gabriel and Edeka rights complaints because of alleged procedural defects. On these complaints, the antitrust Senate of the BGH, the 15 wanted. November advise. The decision was announced for the same day.

Rewe to Berlin branches

apply the warring supermarket chains in the mediation talks have Now agreed on the fact that Rewe is to get after the Acquisition by Edeka of a part of Berlin’s Tengelmann stores. The Details of the parties are apart, but still.

In return, to pull Rewe his lawsuit against the Ministerial approval. The Mitkläger Norma and Striking have done this already. Currently, the main is exposed to a procedure in Düsseldorf, only to to be seen whether a succeed out-of-court agreement.

The compromise is to save the highly indebted supermarket chain as many of the more than 15,000 jobs.


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