NETHERLANDS: Spyker opposes General Motors' Motion to Dismiss on complaint
Former Saab owner, Spyker, says it will oppose General Motors filing of a Motion to Dismiss in response to Spyker/Saab Automobile's complaint from August this year.
Spyker submitted its claim against GM with the Eastern District Court of Michigan seeking redress for what it said was the manufacturer's "tortious interference" with the proposed involvement of Saab and Chinese company, Youngman.
General Motors has now filed a Motion to Dismiss in response to the complaint.
A statement from Spyker noted: "Spyker and Saab Automobile shall oppose the said Motion to Dismiss, assuming the Court grants an extension to which GM has agreed.
"Spyker and Saab Automobile filed a complaint on 6 August, last, with the US District Court, Eastern District of Michigan, seeking redress for GM's tortuous interference with a transaction between Saab Automobile, Spyker and Chinese investor Youngman.
"GM's tortious interference drove Saab Automobile into bankruptcy in December 2011."
The statement continues that, as to the substance of the argument, GM maintains, through the Vehicle Supply Agreement ( VSA ) and the Automotive Technology License Agreement ( ATLA ), GM had a contractual right to terminate the VSA and ATLA in case of a change of control in Saab.
After its investment Youngman would have controlled more than 20% of Saab, which would have caused a change of control.
"It goes without saying Spyker and Saab Automobile will oppose the Motion to Dismiss, such opposition being due on 9 November, 2012, assuming the Court grants an extension to which GM has agreed," added the Spyker statement.
Former Saab boss and Spyker CEO, told just-auto recently: "We would not have started this if we thought we could not win."
GM has already insisted the claim is "completely without merit" and has dismissed the allegations as "baseless."