Man man process / Restaurant economics

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The man man process is a court process of the yearly 2004. Starting from 21 January 2004 six accused before the there regional court stood in Duesseldorf, because they are accused of the heavy unfaithfulness and/or the aid to the heavy unfaithfulness in connection with premium payments after the assumption of man man by Vodafone in the year 2000.

Accused

The accused is:

Joachim radio (formerly chairmen of the board and ex supervisory board boss the man man AG)
Klaus Zwickel (formerly chairmen of the industrial union metal)
LOD mountain (formerly work council chairman the man man AG)
Josef field man (chairman of the executive committee of the German bank)
Klaus Esser (formerly chairman of the board the man man AG)
Dietmar Droste (coworker by Klaus Esser)

Background

28. May 1999: Klaus Esser becomes chairman of the board with man man
23. December 1999: Assumption hostile takeover
1999-2000: The assumption battle between Vodafone and man man began at the end of of October 1999 and ended to at the beginning of of February 2000 with the surrender of the of tradition enterprise.
7. March 2000: Announcement against Esser
12. March 2001: New procedure
20 August 2001 determinations against Klaus Zwickel and Josef field man.
On 19 September 2003 the regional court Duesseldorf permits the accusation against the persons specified above.

Process

In the course of the procedure numerous prominent witnesses were asked, among other things Chris Gent (ex-CEO Vodafone), Julian horn Smith (COO Vodafone), Canning Fok (Managing Director Hutchison Whampoa), Alexander Dibelius (Germany boss Goldman Sachs) and Henning train Noelle (supervisory board boss alliance).

1. Judgement of the LG Duesseldorf

The public prosecutor's office Duesseldorf requested a detention of three years on 23 June 2004 for Joachim radio and for Klaus Esser a detention of two years and six months. Josef field man is to get a probation sentence of two years because of unfaithfulness in a particularly heavy case. Klaus Zwickel is to get a probation sentence of one year and ten months. Likewise a probation sentence was demanded for the former man man total works council, LOD mountain. The man man coworker Dietmar Droste is to receive a punishment from one year, which is likewise suspended on the probation.

On 22 July 2004 the process went to 24 weeks, 37 days of the hearing and 55 testimonies to end. All accused was acquitted, although Richterin Brigitte stated very clearly that the involved ones offended against the law governing share transactions. The disbursement of the million-premiums is one "serious obligation injury ", which would not lie "in the interest of enterprise ", nevertheless the actions no unfaithfulness in the sense "§ 266 StGB was. The accused would have itself ruled in a legally very rare unavoidable prohibition mistake, there them meant subjective in the right to be. (AZ: XIV 5/03 - Judgement from 22 July 2004 - regional court Duesseldorf - NJW 2004, 3275)

Richterin did not save also with criticism at the public, in particular politicians would have tried to affect it and reach a condemnation. The state lawyers would have instrumentalisiert the press, and discussions had often been led on table reserved for regulars level.

Decision of the supreme court of the BGH

On 21 December 2005 main headers the Federal High Court the acquietals due to a revision of the public prosecutor's office against the judgement, which the Federal Prosecutor's Office had followed, on (AZ: 3 STR 470/04 - judgement from 21 December 2005). The BGH decided that the accused was not in particular in an inevitable prohibition mistake. The Federal High Court had long verbally negotiated before about the revision two days. The procedure was referred back to the regional court Duesseldorf, where another chamber will negotiate about the case.