Stopped Tengelmann acquisition: Sigmar Gabriel attacked judges – SPIEGEL ONLINE

Sigmar Gabriel came directly from vacation. Perhaps the Minister of Economic Affairs and SPD leader had also therefore quite relaxed when he appeared before the press on Wednesday. But there was another reason: Gabriel seems convinced that he can contest a ruling by the Higher Regional Court Dusseldorf for acquisition of Kaiser-Tengelmann Group. This contains “a number of false assertions of fact,” said Gabriel. Therefore, the ministry will draw, where appropriate, to the Bundesgerichtshof (BGH).

In a preliminary urgent decision the judges had declared on Tuesday, Gabriel was possibly biased in his controversial ministerial permission for the supermarket fusion. The Minister’s Tengelmann have secret “Six-on-one meetings” conducted at the crucial stage of the approval procedure with the heads of Edeka and Kaiser. . Thus Gabriel appearing over other proceedings to which the competitor Rewe heard no more neutral and objective

Of course he respected the verdict, Gabriel said on Wednesday – only to then criticize it in detail. The most important point: six-to-one discussions with Tengelmann CEO Karl-Erivan Haub and Edeka boss Markus Mosa never existed. He met the corporate executives independently, it is also “at least my Secretary of State and the procedural senior officials” were present.

The data referred to by the Court are not, according to Gabriel all correct. Discussions with the two managers had taken place on 1 and 18 December 2015 – the Court had given a second date 16 December. “Demands could enlighten all,” said Gabriel. The court had not registered with the Ministry of Economy.

If the allegation of incorrect confirm that would be uncomfortable for the Düsseldorf court. After the verdict came in its clarity a slap for the minister identical. Your allegation of bias is based “on a solid, Supreme Court,” wrote the judges. Thus they justified why an appeal to the Supreme Court was not admitted. But Gabriel can take a leave to appeal or to await the final decision of the court.

“The OLG takes no position to what the Minister has said,” a spokesman said on request of SPIEGEL ONLINE. He referred to the court order, the at least partially contradicts Gabriels statements. Having heard

it from “suspicion of a secret conversation”, the Court therefore “the sending of photocopies of the appropriate records constituents of ministerial approval procedure causes”. Accordingly, the Court therefore took quite information on the temporal sequences a. The suspicion of partiality in the decision also is not solely a matter with Gabriel talks with the supermarket bosses – but with the fact that these were not recorded.

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In sharp criticism Gabriels decision was met with another. His authorization issued to the Vice-Chancellor to the express recommendation of him Consultative monopoly commission – whose chairman resigned in protest even

In addition to possible bias, the court, Gabriel accused among others also, he had to receive collective workers’ rights as something. collective agreements seen as a contribution to public welfare. This is not permissible, since according to the Basic Law of the waiver of such contracts have the same rank.

Also, in these points, Gabriel was combative. “I reject this interpretation of our constitutional order back decided,” he said. The dismantling of workers’ rights endanger social peace and meant “a weakening of the social market economy”.

At the latest at this point saying also the party leader Gabriel, who wants to sharpen the left profile of his party before the election. Gabriel’s confidence seems this still to be unbroken. On the question of whether such complicated issues such as Tengelmann takeover future should not be decided by more than one man, Gabriel replied tersely: “No, I do not find.”