Porsche Loses High Court Bid Challenging Volkswagen Law

by Thami Masemola
November 27, 2008 11:43 PM
Filed Under: Corporate/Financial, German, Porsche, Volkswagen

Porsche's ultimate goal of owning 100 percent of mass car maker Volkswagen has suffered a bit of a blow after German Judge Reinhard Saathoff refused to strike down some rules in VW's charter that protect the voting rights of the state of Lower Saxony, which owns 20.1 percent of VW. The rule targeted by Porsche allows shareholders with at least 20 percent of shares in VW to be able to overturn major company decisions.

Speculation is varied as to why Porsche desires a block on Lower Saxony's voting rights, and one of the theories evolves around Porsche's wish to limit union power at VW. On the other hand, the federal government is fully supportive of this law, which both it and the unions see as some sort of guarantee of job safety at VW.

Porsche's claim stems from a ruling by the European Union court on a German law court which had similar standards on voting rights.

"The VW law and the charter aren't the same and we cannot treat them the same," Saathoff said at a hearing. "If Porsche would interpret a ruling of my court as it did interpret the EU court ruling, I would be pretty mad."

The sports car maker says it currently owns 74.1 percent of Volkswagen which is made up of shares and options. It however, recognises that a 50 percent full ownership in the least, of VW is highly unlikely to happen this year and is eyeing 2009 as the year in which to increase its stake to 75 percent.

 

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Comments

Bristol411S3
November 28, 2008 12:08 AM
That last paragraph doesn't make sense.

radmeister
November 28, 2008 12:33 AM
It may own 74.1% of the shares, BUT the company may not be entirely public and that 74.1% may only represent 10% of the actual company. The rest may be owned by the institution itself. Like if I own a 5 billion dollar company, i may choose to make 1 billion of that public, and 4 billion to keep as private shares with lets say 1 billion $/share and give 1 share to 3 people in my family and 1 for myself. So Porsche may already own 74% of the public shares which may represent half of VW's worth. Which then means they need 100% to get 50% ownership of the company.

nathandavid88
November 28, 2008 1:53 PM
The way it works is that Porsche 'effectively' owns 74.1% of VW, however, only about 46% of Porsche's stake is made up of shares. The remainder is made up of options, which allows Porsche to have first dibs on buying these share, when it so wishes to. But these shares can't be sold to anyone else, so effectively Porsche controls these shares without owning them...yet!

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