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Hans Barlach, the minority shareholder of Suhrkamp, remains in legal wrangling over the Publisher on the losing side. It failed before the Federal Constitutional Court with two methods. Barlach had sought an injunction to halt the insolvency plan, and he had submitted a constitutional complaint because he sees himself circumcised as a minority shareholder of the insolvency of his rights. The Federal Constitutional Court did not accept the complaint and made Barlach short. He had “failed to explain adequately pleaded,” that he “directly affected in their own right” by the insolvency proceedings had (2 BvR 1978/13).
About the adoption of a second constitutional complaint, which was filed on behalf of Barlach Media Holding AG, the German Federal Constitutional Court has not yet decided.
Barlach’s application for an interim order the Federal Constitutional Court on the basis of a “weighing of consequences” from. Promulgated the arrangement, threatens “the implementation of the insolvency plan and the proposed redevelopment” final failure. Suhrkamp have made plausible that the publisher in a further delay of the insolvency plan “not la ter than the month of June 2015″ will no longer be able to pay off maturing debt. There was a risk that the proposed rescue of Suhrkamp fail or publishers will break. This would lead to large losses of creditors, a loss of jobs and “to complete worthlessness” of the shares at the Suhrkamp Verlag.
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Earlier this month, the insolvency proceedings have stopped the Federal Constitutional Court. The Federal Court had referred Barlach’s civil complaint against the insolvency plan in the meantime but for reconsideration to the Berlin district court.
Now, however, should no longer be the plan, Suhrkamp converted into a public limited company, whereas Barlach be used because it loses its influence in the way. Hans Barlach stops at Suhrkamp 39 percent, the publisher’s widow Ulla Unseld-Berkéwicz 61 percent of the shares.
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