In an article on Just Auto today Saab Parts insists BMW has no case following their lawsuit against the parts company. This echo’s what Saab Parts had initially stated when the lawsuit was brought forward.
BMW’s case surrounds parts and components ordered by Saab before the bankruptcy and centers around 1.6L turbo engines to have been used on future Saab models.
BMW is seeking US $3.3 million for goods delivered yet Saab Parts has stated time and again that no goods were delivered to them. To an outsider like myself looking at this it would simply appear that BMW had delivered goods to Saab, Saab went into bankruptcy making it impossible to get their money. Then they figured Saab Parts was the way to go because they were outside the bankruptcy. What is unclear to me is how they would think they have a case when there is clearly nothing showing that Saab Parts had ever received any goods. Saab Parts is not Saab Cars and the companies had been set up individually.
“We are still of the opinion they [BMW] have no case,” Saab Automobile Parts CEO, Lennart Stal, told just-auto from Sweden. “We have received the documentation from the legal side from BMW and we are reviewing that.
“According to Swedish law, we have 21 days…so we now have two weeks to give an answer.”
Based on what Lennart Stal is quoted saying here, Saab parts is of the opinion that there is no case with BMW’s lawsuit and this falls in line with an email between myself an Tim Colbeck who had said he felt I was on the right track with my views on the lawsuit.
Every company has its team of lawyers and obviously BMW and their lawyers feel they have reason to sue and one cannot fault them for wanting to be paid if they delivered goods. On the other hand, Saab Parts as its own company separate from Saab Automobiles has a very valid point and if they were never a part of the goods that are claimed to have been delivered, why should they be responsible?
It has always been my way of understanding and I may be wrong, but when Spyker bought Saab and needed the EIB loans, they secured them through the NDO with Saab Parts being collateral. This was done well before BMW entered the picture with any kind of agreements for parts or engines. One would assume BMW at that time knew they were taking a risk not being paid on delivery. When Saab entered bankruptcy and Saab Parts was taken by the NDO, again in my mind, Saab Parts became a new company of sorts and one that I think would be very difficult for BMW to get money from. If Saab Parts did not order or receive the said goods, why should the NDO or Saab Parts pay?
I know we have lawyers who read us here and please note I am not a lawyer, I do not study corporate law or Swedish law but I just don’t see how the NDO wouldn’t be protected by these claims.