National Court dismisses case of Alcoa and its representatives

In a Thursday order available to Europa Press, the Judges of the Third Section explain that the impeachment issued July 21 “proves” for Alcoa Inespal and its representatives Kai Rune Heggland, Álvaro Dorado Baselga, Ignacion León Moro and Christine Keener. early.”

The Chamber accepts the appeal of an accusation and explains that the appellants have not so far been able to get out.suggest the app investigative proceedings aimed at keep accusing“both from the company and its representatives.

“Since, in the Court’s view, the review or instruction phase is still ongoing and has not been concluded, it is in the Court’s opinion to consider the appeal at hand and to set aside the appealed decision prematurely as a result of the reason arising from the case,” adds the Chamber.

Causes of the file

President of the Central Education Court No. 3 After reaching a settlement, the company and its former employees decided to sue on behalf of Alcoa and its representatives. The unions stopped pursuing criminal and civil lawsuits against the company and its directors, but later the magistrate chose temporary dismissal rather than the definitive dismissal requested by the company.

The trainer then notes that the Confederation of Professional Staffs (CCP), CCOO of Industry, Federation of Industry of UGT and Federation of Industry of USO have withdrawn regarding these four individuals and Alcoa. to pursue their claims as a private prosecution for other defendants.

In his decision, Tardón explained that he had chosen the interim file “precisely taking into account the procedural moment”, “because the investigation has not yet been concluded and it has not been unequivocally denied that the application of the new trial provides different elements of evidence”. recommending the extension of the indictment of certain individuals for whom there is currently no sufficient evidence of guilt”.

He also stressed that this was a crime, as the Office of the Chief Public Prosecutor pointed out. partial file as it only affects Alcoa and its four agentsThe judicial investigation of those who were investigated continued.

The unions resigned to pursue the charge against Alcoa after the parties reached a transactional settlement on May 11; in your letters.

‘Alcoa case’

The case began at the end of 2020, when the CCP filed a complaint, which other unions later joined.due to “various irregularities” in the sale of aluminum factories A Coruna and Aviles according to the magistrate, alleged violation of agreements reached with representatives of the original owner and workers.

The judge argues that on July 31, 2019, Alcoa sold 100% of the capital of both plants to commercial companies ALU HOLDING AC and ALU, given the “difficult economic situation the production centers are going through” in A Coruña and Avilés. HOLDING AVL was “formed just before by the owner, Swiss company Blue Motion Technologies AG (Parter Capital Group)”.

Second, “within a few months and in violation of the terms of the sale agreement dated July 31, 2019, he sold 74.67% of the shares to the Spanish System Capital Management, now referred to as Iberian Green Aluminum. The company is also a company established just before the sale”.

“From the results of the investigations made so far, it can be concluded that the actions that may constitute the crimes investigated so far are due to the succession of events resulting from this second and irregular transfer of the two factories. System Capital Management through Blue Motion Technologies, the company invested by Swiss investment group Parter Capital. The ‘a’ drew attention to Tardón.

In terms of representatives, administrators, and administrators of different management domains, the trainer says, “deflecting and channeling the object towards recapitalization and inheritance of assets and either to their personal legacy or to institutional structures structuring ‘ad hoc’ to seize them”.