Sigmar Gabriel arrived a few minutes late. The Federal Minister of Economics had to yet to move before his appearance. “I wanted to spare you my holiday dress, so I had to get ministerial-like attract,” said Gabriel. No sooner had the SPD leader on vacation, since he already had to interrupt him again. Although absent, the economy minister is currently the topic of conversation in Berlin.
The Higher Regional Court of Dusseldorf has its issued in March ministerial approval for the acquisition of Kaiser’s Tengelmann by Edeka time being cashed, and with a stark statement: Gabriel was possibly biased in the decision. So he had held talks with the heads of Edeka and Kaiser’s Tengelmann, competitor Rewe but not sufficiently informed.
this reproach did not Gabriel let this lying down. He interrupted his vacation and convened a press conference at which he blew on the judge to attack. The Economy Minister dismissed the allegation of partiality back sharply and accused the court of “false factual allegations” before. His ministry would initiate against the decision of the Higher Regional Court legal action.
acquisition of Kaiser’s Tengelmann is the legal thriller
the ministerial approval for the acquisition of Kaiser’s Tengelmann by Edeka is developing into becoming a political legal thriller. Did Gabriel right, it is an alarming case of judicial failure. If the court right, the ministerial approval for Gabriel could end in a debacle.
Anyway, Gabriel has greatly intensified with his appearance the conflict. The court call wrong dates for his talks with the heads of Edeka and Kaiser’s Tengelmann, Gabriel said. So a meeting between Gabriel, Edeka CEO Markus Mosa and Tengelmann owner Karl-Erivan Haub has on 16 December, according to the ministry on 18 December occurred according to a court.
And these are not six-to-one discussions, but individual discussions with the respective CEOs have said Gabriel. “Again, awakens the OLG a false impression or is simply misinformed.” He also did not lead the talks alone, but with his process leading officials.
The replica of the Minister of Economy surprise inasmuch as the Court of Appeal as himself on the Ministry source refers. From the Ministry of Economy stated that the Court had apparently based on documents with which Gabriel was prepared for the meeting with the heads of Edeka and Tengelmann Kaiser’s. Then it was but then come to postponements.
According to Rewe has Gabriels Ministry Inspection of files denied
More decisive, however that talks with Mosa treated confidentially according to the resolution: “Neither the invitation to the interview nor the content of the meeting have been put on record,” it says. Presence was merely a – also confidentially treated – information template for Gabriel overlooking the second call
the same applies to the opinion of Advocate Edeka to a competing takeover bid for Rewe Kaiser’s. This had the Edeka chief himself offered to the Minister and not put the other parties to the attention. Judges hooked and were quoted: “That, the representative of the Federal Minister for Economic Affairs expressly confirmed when telephoning the Senate on 22 June 2016.”.
After presentation of Rewe, the Ministry denied access to the file by pointing out notes on the first call did not exist and other documents had access to the file deprived because they were preparing the ministerial approval. Why was the testimony of Gabriel, Rewe had been informed by the file on his talks with Edeka and Tengelmann Kaiser’s “wrong”.
This will documented by correspondence between Rewe lawyers and the Ministry of Economy. Unlike shown by Gabriel, the Rewe alternative offer for Kaiser’s Tengelmann was gone also in regard to the protection of the local authorities and workers’ rights “far beyond the range” of Edeka.
“It is enough the angry appearance of partiality “
A spokesman for the Higher Regional Court said Gabriel replica proceed from a false premise:” from the decision of the Senate does not follow the accusation the partiality of the German Economics Minister, but only the fear of partiality. ” What may sound like splitting hairs, is for the process of great importance: “the angry appearance of partiality is sufficient”, says the decision
Edeka. has the OLG decision claims to now been tested. “We believe that both his finding of fact as well as its justification for wrong,” it said in a statement. It must now be examined in the interests of the employees of Kaiser’s Tengelmann, on what legal ways quickest possible decision could be achieved in this process.
had Kaiser’s Tengelmann taken the decision of the Higher Regional Court with “dismay” note, but declined to comment further. The union Ver.di had the decision sharply criticized. “The preservation of labor rights of employees of Kaiser’s Tengelmann is a comprehensible criterion of welfare interest,” said board member Stefanie Nutzenberger.
This is also Gabriel. The Vice Chancellor criticized the finding of the Court, cited by him in support of the ministerial approval strengthen workers’ rights of 16,000 Tengelmann employees is not important for the common good. Thus, the judge would declare that social partnership, participation and the quality of jobs no meaning in competition law would: “I reject this interpretation of our constitutional order back decided.”
it should stay with the veto of the court and fail the merger, Gabriel feared the destruction of Kaiser’s Tengelmann and the loss of 5000-8000 jobs. “That’s what I really wanted to avoid.”
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