Labour Court

Legal action against Solarworld dismissed

Die Zentrale des Photovoltaikunternehmens Solarworld in Bonn.

Die Zentrale des Photovoltaikunternehmens Solarworld in Bonn.

Bonn. The Local Court Bonn has dismissed a legal action by the former council chairman of the Solar World AG. Peter Finger and his deputy had filed a suit against their contract termination.

The Local Court Bonn has dismissed a legal action by the former council chairman of the Solar World AG. Peter Finger and his deputy had filed a suit against their contract termination. Both of the former Solar World employees have - like several of their colleagues - filed a suit against their dismissal in November 2017, because they expect a transfer of holdings.

The reason: Former CEO of the Solar World AG, Frank Asbeck, has founded a new company called „Solarworld Industries GmbH“ after the insolvency of the Solar World AG. The new company consists of parts of the Solar World AG’s insolvent assets. He then re-employed 77 former employees of the once 3,000-strong workforce in Eastern Germany, where the „Solarworld Industries GmbH“ produces solar cells and modules. The headquarters of the new company is still Bonn though.

There, 45 staff are employed.  For Peter Finger, who has been Green Party council fraction spokesperson as well, and his colleagues who are also suing the company, this is clear proof that there is a transfer of holdings happening, according to their legal counsel on Thursday during the proceedings. The Solar World AG contested this and was proven right by the court. Already prior to the pronouncement of judgement at the end of the proceedings, board chairman Wilfried Löhr-Steinhaus indicated that the court does not see a transfer of holdings.

A partial transfer can be ruled out.  „In a new company a structure has to be obviously connected in an organisational way. That kind of structure we don't see here“, the chamber’s chairman told this newspaper. Especially because the insolvent Solar World AG did not produce anything itself but solely directed the subsidiary companies.  It has yet to be decided if an appeal will be filed, said Finger.  

Original text: Lisa Inhoffen. Translation: Mareike Graepel