Berlin.
Sigmar Gabriel welcomes the judgment of the Higher Regional Court in the case of Edeka, Tengelmann little. He complains that the Court fault
Sigmar Gabriel takes sixteen minutes late to the press conference, but calls for a good reason. “Sorry for the delay, but I wanted to spare you my holiday dress. “Actually, the economy minister dwelt been on a holiday on the North Sea island Amrum. However, the Higher Regional Court of Dusseldorf (OLG) interrupted the summer pleasures. The Court had declared on Tuesday Gabriels ministerial approval for the acquisition of supermarket chain Kaiser’s Tengelmann by its competitor Edeka in a preliminary examination in summary proceedings unlawful.
And so Gabriel is on Wednesday in his ministry and turned in a suit and tie to attack: He announces legal action against the court decision on. containing The judgment of Tuesday “a number of false assertions of fact”. The SPD chairman raises the OLG Dusseldorf also serious errors. “In our opinion, the Court in a number of cases, both formal and substantive grounds enumerated, not coincide with the real facts,” he says.
accusation of partiality firmly rejected
The decision of the court, he naturally respect. But the accusation of partiality “I decided as back,” said the Vice-Chancellor. The court put data and compositions of conversations that were wrong that way. Also, no one have asked the Ministry
The Düsseldorf judges had written in the verdict, Gabriel had wanted to bring the merger in a way concluded that “was ruled procedurally.” – Secret by “two talks “with the heads of Edeka and Kaiser’s Tengelmann, Markus Mosa and Karl-Erivan Haub. In the course of specific “investigations” have been found, “the contents of the secret talks between 1 and 16 December 2015 to today has been neither officially recorded nor disclosed in the pending appeal proceedings,” wrote the OLG.
Rewe, the assertion of the Minister back
Gabriel vehemently. So a conversation took place about 18 and not 16 December. There were also no six-to-one discussions, but four-on-one meetings. “Again, awakens the OLG a false impression, or is simply misinformed.” There have never acted to “secret talks”. All the parties – also Edeka competitor Rewe – were informed later by the file on the calls
The supermarket giant Rewe contradicts return mail: Stating that Rewe with through access to the file on the discussions of the Federal Minister. the CEO of Edeka and the owner of Kaiser’s Tengelmann was informed, was “wrong”.
Edeka holds reasoning of the Court for false
Edeka in turn does not want to admit defeat. “We have the decision now been tested and keep both his finding of fact as well as its justification for wrong,” said a spokesman for Edeka. It needed to be examined on which legal routes the fastest possible decision could be reached.
Gabriel knows how dangerous the doubt, the judge at his neutrality for his office. “I have fought for jobs at Tengelmann and will not cease to fight for it,” he says editorial team after his appearance. A ministerial permit is not a “complacency decision”, but was necessary to keep thousands of people in work and bread. “It is the duty of a Socialist economy minister to do everything legally possible to help these people,” says the head of the SPD. “It is a question of political credibility, not to watch here, as jobs degraded and facts are created on the heads of the people.” He emphasizes that it has acted properly. The conditions were hard and gone beyond the renewed offer from Edeka.
fear of smashing of Kaiser’s and job loss
Gabriel had for his decision in March to insert sharp criticism. Because with his special permission he had bypassed a ban of the Bundeskartellamt. The competition authorities feared that the competition could be further limited in German food trade through the merger. Edeka, Rewe, the Schwarz Group (Lidl, Kaufland) and Aldi dominate together already 85 percent of the market. The head of the Monopolies Commission, Daniel room was, even resigned in protest against Gabriel’s vote.
As we go from here? Should it 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 of 16,000 jobs. Besides Edeka numerous competitors such as Rewe, Coop or Migros Swiss interest in Kaiser’s Tengelmann branches have signaled. However, the uncertainty about the future brakes already the business. Revenues declined only in 2015 by more than four percent. Shops lost because leases are not renewed.
For the employees there are in any case summer months of trepidation.
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