agent Entrepreneur logo
MenuMENU
SearchSEARCH

Saab to Appeal Court's Denial

September 9, 2011
4 min to read


STOCKHOLM — Saab Automobile AB said it would appeal a Swedish court's refusal to grant it protection from creditors, a move that clears the way for labor unions representing unpaid workers to petition for bankruptcy and reclaim unpaid wages.


The troubled car maker had sought protection in a last ditch attempt to buy time to secure funding, after having struggled with its finances for months and halted production in April, according to The Wall Street Journal.

Ad Loading...


In its ruling, Vanersborg district court said on Thursday that Saab's application didn't fulfill the legal requirements for protection from its creditors, and it questioned the viability of deals the company had signed with two Chinese companies to obtain financing. Saab's application, which was submitted Wednesday, is similar to a Chapter 11 filing in the U.S.


Saab said it was disappointed in the ruling and plans to appeal. The appeal process should take a week, said Victor Muller, Saab's chairman and the chief executive of Saab owner, Netherlands-based Swedish Automobile NV.


Saab in recent months had tried to resolve its long-term funding needs by signing agreements with two Chinese companies to help manufacture and sell cars in China. The deals have been pending approval by regulators in China and Sweden, leaving the company short of cash. It sought bankruptcy protection to give more time for regulators.


But the court said it is unclear if and when the Chinese deals would be approved. It also questioned the car maker's ability to solve its liquidity crisis and continue operations. The lengthy production shutdown had led to a loss of goodwill and caused damage to the Saab brand, the court said.


"It's a tough decision to make, but history shows that where one company disappears, others will sprout eventually," Chief District Court Judge Gunnar Krantz said.

Ad Loading...


Darko Davidovic, a lawyer for blue-collar labor union IF Metall, said a bankruptcy filing by the company would be better than a bankruptcy petition by IF Metall as the union petition would require negotiations with the company, potentially delaying a settlement.


If Saab had been granted protection from creditors, it would have been able to use the Swedish state's salary guarantee to pay wages and would have had more time to sort out its finances.


However, the union will likely proceed with a petition for a bankruptcy, as they can only seek state unemployment benefits if they petition for the bankruptcy of their employer.


"We have no choice," Mr. Davidovic said. "We can't play around with our members' wages."


The unions have called meetings to consider a bankruptcy petition. If agreed, a petition could be filed to the Vanersborg district court.

Ad Loading...


Another labor union, the Swedish Association of Graduate Engineers, said it regretted the ruling. "A petition for bankruptcy is the last thing we want to do," said the union's head of collective bargaining, Camilla Frankelius.


Supplier organization FKG said the decision was disappointing. Its members get nothing if Saab Automobile is declared bankrupt, while a reorganization of the car company would give its members something. "It's a sad decision for automotive Sweden," said FKG Chief Executive Fredrik Sidahl.


Saab mechanic Leo Qvist, 61 years old, has worked for Saab for 40 years and was in the company gym when he heard the news. "I was very disappointed. I thought [the judges would] say 'yes,'" he said outside the company's headquarters. "I still think there's value in Saab in its many skilled workers."


In its ruling, the court also made a point of noting that a previous Saab Automobile reorganization overseen by a court two years ago had failed.


"It was, of course, significant that there has already been a substantial reorganization a few years ago that was not successful," District Court Judge Patrick Baerselman said.

Ad Loading...


Saab Automobile got protection from its creditors in February 2009 after its then-parent General Motors Co. said it would cut ties with the company following two decades of losses.


In its application, Saab said it would have to consider filing for bankruptcy if it wasn't granted protection from its creditors.


On Thursday, Mr. Muller said the ruling leaves Saab "completely unprotected," as all stakeholders could request the company be put into bankruptcy. He appealed to all stakeholders to "hold their horses."


"Much to our surprise and definitely to our disappointment, the court decided to rule against the application for bankruptcy. Now we move onto plan C, which is to appeal," Mr. Muller said.


He added that if the appeal failed, he will move onto plan D, though he didn't specify what it was.

More Industry

Photo of two men in suit jackets shaking hands next to new car inside of a dealership
IndustryApril 23, 2026

A New Consumer Culture in the Auto Dealership

Dealers should aim to build a positive work environment, helping employees execute an efficient experience, from their online research to the final delivery of the vehicle.

Read More →
Closeup of the side of an Audi car
Industryby Hannah MitchellApril 23, 2026

New-Vehicle Sales Down

A cloudy April forecast was expected due to last April’s sales surge in anticipation of U.S. trade tariff-inflated prices. Meanwhile, automakers pumped up incentives to address today’s consumer wallet woes.

Read More →
Photo of Cadillac Lyriq SUV on road with partly cloudy sky in background
Industryby Hannah MitchellApril 16, 2026

Used Autos Selling for More

A recent price spike due to several larger market forces, though it hasn’t dulled demand, is pushing more consumers to efficient models to squeeze in buys.

Read More →
Ad Loading...
Photo of facade of Waldorf Toyota car dealership
Industryby Hannah MitchellApril 16, 2026

Maryland Auto Group Sells

A group out West picked up the major D.C.-area collection, putting it in the upper tiers of private automotive groups in the U.S.

Read More →
Line graphic showing Cox Automotive's March Credit Availability Index status
Industryby Hannah MitchellApril 13, 2026

Auto Lending Opens Up in March

Lenders loosened access for subprime borrowers, and consumers with negative equity reached a record high, Cox Automotive reported.

Read More →
electric vehicle next to an urban charging station. EV Demand Diverges. F&I and Showroom logo
Industryby Lauren LawrenceApril 10, 2026

EV Interest Varies Regionally

U.S. consumer interest in electric vehicles lags behind other countries despite the rising gas prices caused by the ongoing war in the Middle East.

Read More →
Ad Loading...
Photo of the rear of a Mercedes GLC 400 electric SUV with a skyline in the background
Industryby Hannah MitchellApril 10, 2026

Brands Weighed on Projected Recalls

Research reveals the brands and models most likely to have higher recall rates over their lifetimes. While some brands rank high, addressing safety issues can be a selling point.

Read More →
Photo of white 2026 Ford Bronco on a sandy beach
Industryby Hannah MitchellApril 10, 2026

March New-Vehicle Sales Don’t Reflect War

Cox Automotive data shows Americans doubled down on big-is-better despite price increases. Slightly higher incentives helped fuel the demand.

Read More →
Photo of several cars on lifts in a service center
Industryby Hannah MitchellApril 9, 2026

Franchised Dealers Stand to Gain Service Business

Cox Automotive research shows both the opportunities and the challenges in turning consumers’ growing affordability needs into increased fixed-operations revenue.

Read More →
Ad Loading...
Photo of office desk with open laptop on it and an empty chair next to it
IndustryApril 9, 2026

What Matters Most in Building Your Agency

The partner you choose for growth and expansion is key, because better is the ultimate goal instead of growth for growth’s sake.

Read More →