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Munich, 04.08.2015
Dear trusted retailer,
As retail partner to our brand Fleischmann, we inform you that the “GebrÜder Fleischmann
GmbH & Co KG”, today filed for insolvency under own management, in the courts of
Ansbach, Germany. With this measure we want to ensure the orderly continuation of the
Fleischmann brand and will conduct business as usual during the insolvency proceedings.
The Modelleisenbahn Holding is standing fully behind the Fleischmann brand and its
engineering center in Heilsbronn, Germany.
Why did we go this step? Because even after three social plans, that cost the company in
excess of €11 million Euros, there are remaining obligations that make life hard for us.
These are especially the company pensions of over 600 retired employees that today must
be paid by only 33 active personnel. This picture alone shows that it is impossible to keep
up these obligations. The company pensions for these past employees are of course
secured! It is only the question who is paying for these pension and in what amount. Past
negotiations with the responsible insurance company have not yielded the desired results.
This is why we are filing for insolvency under own management. We estimate these
proceedings to be completed in four to six month. During this time, business will be
conducted as usual. This is true for all orders, deliveries, spare parts and repairs and of
course the novelty development for 2016. This insolvency procedure does not change our
business relationship in any way.
Should you have any questions, please contact Christian Schlager, International Market
Development @ c.schlager@roco.cc
We hope for your understanding that we had to take this step. We will of course continue to
further our positive business relationship!
With best regards,
Modelleisenbahn MÜnchen GmbH
Wolfram Haböck
Managing Director

Original Post

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So, we need a German/Euro bankruptcy attorney to explain what this means.  "Insolvency under own management" obviously means something since that term is used a few times.

 

Based on the 'tone' of the notice, and no mention of no longer making product, I think it is presumptuous to assume they will go bye-bye.  On the contrary.

 

Until the European bankruptcy attorney opines, I am going with:  this is a legal maneuver to make the government (or the referenced insurance company) pay the pensions for the retired employees, or at least relieve the current employees from having some substantial percentage of their earning redirected from their own pension fund to supporting that of the retired employees. 

 

Just a guess.

 

 

Originally Posted by cooperthebeagle:

So, we need a German/Euro bankruptcy attorney to explain what this means.  "Insolvency under own management" obviously means something since that term is used a few times.

 

Based on the 'tone' of the notice, and no mention of no longer making product, I think it is presumptuous to assume they will go bye-bye.  On the contrary.

 

Until the European bankruptcy attorney opines, I am going with:  this is a legal maneuver to make the government (or the referenced insurance company) pay the pensions for the retired employees, or at least relieve the current employees from having some substantial percentage of their earning redirected from their own pension fund to supporting that of the retired employees. 

 

Just a guess.

 

 

That is a correct analysis. If the company went out of business completely the German government would be responsible for past and current employees pensions. In this case it's aimed at the insurance company responsible for paying the pensions. I lived in Germany for almost 20 years. When Merkle was elected back in 2006 or 7 which the intent of restructuring the German economy. One of the top issues was reforming the pension system and unemployment for life. IG Farben the largest union in the country went on strike a system that was destroying the German economy and creating huge government deficits which were unsustainable in the long run. IG Farben lost and was forced to accept restructuring of the pension system. The courts have generally rule in favor of the companies who have gone this route. In US language, this would be similar to a Chapter 11 bankruptcy which allows the company to restructure it debts. In this case it's pension program.

 

From what I understand this doesn't really effect Roco at all, or even Fleischmann being produced by Roco (which it has been for a few years now), so from a consumer POV things aren't disrupted

 

I suspect that this back end type of information is why fleischmann was left as a stand alone brand by Roco and using their old toolings under the same name. 

 

I would compare to the european accessory houses, where they have been consolidating left and right, but all the products still available to consumers which is nice. Sad for the businesses, but at least production hasn't ceased.

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