The Federal Constitutional Court has cleared the way for the salvation of the Suhrkamp Verlag. It ruled that the traditional house may be a corporation
On Friday, the Constitutional Court judges published in the literature industry-anticipated decision. They showed the urgent application by Suhrkamp co-owner from Hans Barlach. Barlach is strictly against the reorganization plan of publishing boss Ulla Unseld-Berkéwicz, which provides a transformation of the publishing of a limited partner in a limited liability company. (2 BvR 1978/13)
The constitutional court decided by a conventional in urgent matters weighing of consequences: If the conversion can now go no further harm to the publisher, employees and creditors is much greater than the disadvantages Barlach at closing of the recovery plan.
“there is a substantial risk that a further delay intention by the insolvency plan remediation has finally failed and the debtor (the publisher, editor’s note) is broken,” shared the judges of the Second with the Senate. Because the publisher has “substantiated” by an affidavit from its managing director that he was insolvent at the latest as of June 2015, a further delay.
Suhrkamp wants to quickly create facts and may be a corporation. The road to full implementation of the insolvency plan was finally free, explained Suhrkamp spokeswoman Tanja Postpischil
“In theory, could still, the European Court to call for human rights,” said bankruptcy law expert Achim Frank from the law firm Schultze & amp. Brown. The lawyer holds but not promising step. The ECtHR had a plaintiff make the infringement of European human rights. But in this case it related to a purely German insolvency administration procedures, explained the expert.
Barlach was drawn against the plans of publishing boss all the way up to the Supreme Court of German. Because for the Hamburg-based media entrepreneur, grandson of the sculptor Ernst Barlach, the conversion would mean an extensive loss of its participation rights: he indeed would retain its 39 percent share of the company, but could be due to the construction of the joint-stock company with management and supervisory board no longer in the daily business of the publisher intervene. This was also one of the objectives of the insolvency plan.
However, the judge did not yet decided on a constitutional complaint, the Barlach had appealed against the insolvency plan. The judges need to clarify in what is called the main proceedings nor whether the fundamental rights of Barlach minority society are affected by the conversion. Here everything is still open because, according to a court spokesman, the rapid determination takes the later judgment on the constitutional complaint not anticipate.
Founded by Peter Suhrkamp 1950 is one of the most important publishers of the Federal Republic with renowned authors from literature and science
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