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September 2008

GermanyContact INDIA
Magazine on Indo- German Economic Relations

The German Automotive Industry in India

Stepping Up
the Commitment

• Niedersachsen-India Business Relations


• Family-Owned Firms in Germany

Partners:
INDIEN CONTACT
www.owc.de
Publisher:

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Editorial

Dear Reader,
Current economic conditions do not create the ideal climate for
German-Indian trade relations. The economies in both countries are
experiencing a noticeable slowdown. There has been a sharp down-
ward correction on the Mumbai stock market since the beginning
of the year, and the Reserve Bank of India has been battling to keep
inflation under control. Since June, the Business Climate Index in
Germany has fallen three times in succession (see our report on page
CHRISTIAN MÜLLER 18). So far, these events have had little impact on German-Indian
Member of editorial staff, trade. Imports of goods into India reached 4.1 billion euros in the first
Foreign Trade Institute half of 2008, an increase of 22.5 per cent year-on-year. Exports also
increased by an impressive margin, rising by 9.2 per cent to 2.6 billion
euros. However, the positive figures cannot hide the difficult cur-
rent situation. In addition to weakness in the international economy,
trade is also overshadowed by the failure of the Doha talks and the
postponement of the free trade agreement between India and the
European Union. The German government may create yet another
obstacle. If the amendment to the Foreign Trade law is approved by
the German Parliament, the government would have the right to
prohibit foreign investors from acquiring a German company, if the
investor targets a share of more than 25 per cent. This takes place at
a time when an increasing number of Indian companies are becom-
ing aware of Germany as an M&A market. In addition, the problems
in the German-Indian business relationship are not limited to the
economic downturn and trade policy issues. The high-profile legal
dispute between the German company Putzmeister AG and Aquarius
Engineers Pvt. Ltd. which is based in Pune (see page 22) is a good
example. Initial highly emotional press reports painted a very nega-
tive picture of the German “Goliath”. It now turns out that one of the
core issues in this drama is the Indian government’s decision to issue
Press Notes which significantly restrict the rights of foreign inves-
tors. It comes as no surprise that in a study conducted by the Indo-
German Chamber of Commerce and the WHU - Otto Beisheim Scholl
of Management, more than 60 per cent of the Managing Directors in
Germany, Austria and Switzerland who were included in the survey
recommended against entering into a joint venture in India.
However, some of these issues could certainly be resolved. A mutual
understanding of the factors which motivate a business partner to
act in a certain way and knowledge of market conditions in the two
countries are absolutely essential, and we take another look at these
topics in this issue. The article “M&A in Germany: The legal inside
view” explains how the proposed amendment to the German Foreign
Trade Law might affect Indian investors. The lead story in this issue
contains a report on joint projects in the German and Indian automo-
tive industry, showing how German and Indian companies can work
together to develop new synergies.
It is now up to you to make your contribution to the successful
development of German-Indian relations.

Yours sincerely,

Christian Müller

Germany Contact India September 2008 3

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Contents

 6 News
Editorial details
6 Investment: Changes expected to German foreign trade law
6 Trade with Germany continues to expand Publisher:
6 Investment Subsidies Act Foreign Trade Institute, Ltd.

7 Germany as a location for innovation: Competitiveness threatened in the long IfAD - Foreign Trade Institute
term Managing director: Norbert Mayer
Hohenzollernstraße 11-13
40211 Düsseldorf, Germany
 8 Niedersachsen Special Phone: +49.211.550426-0
Fax: +49.211.550426-55
8 Niedersachsen and India: Vigorous trade development info@ifa-d.com
www.germanycontact.com
10 Itinerary for the visit of the Lower Saxony delegation to India
Editorial office:
 12 Automotive Industry OWC Foreign Trade Publishing House Ltd.
Managing editor: Christian Müller
Design: Birgit Meyer
12 The German automotive industry Graphics and photos: Udo Zelmer
steps up its commitment in India Translations:
allan.brown@browntranslations.de
13 News: Indo-German cooperation Ritterstr. 2B
in the automotive sector 10969 Berlin, Germany
Phone: +49.30.615089-0
14 German automotive industry: Fax: +49.30.615089-29
Investment abroad generates redaktion@owc.de
increased employment in Germany www.owc.de

Jurisdiction: Düsseldorf

All rights reserved. The editorial content


 16 Economy and Business of GermanyContact India is prepared in
accordance with the highest standards of
journalistic accuracy. IfAD does not assume
16 Deepening relations: Recent any legal liability or responsibility for
developments in the Indo-German the accuracy, completeness, or quality of
economic relationship translation of any information.

18 Business climate worsens again: Cover picture:


Results of the August 2008 Automobile logistics in the port of Duis-
Ifo Business Survey burg. Photo: duisport/Köppen

19 Germany: Location study by E&Y


20 Winning strategy times three –
Indian SMEs discover Luckenwalde
22 David vs. Goliath? – Legal dispute
between Putzmeister and
Aquarius Engineers
24 The backbone of the German economy – Family-owned firms in Germany

 26 Law
Photos: Photos: Audi AG, duisport/von Kaler

26 M&A in Germany: The legal inside view

 28 Company News

 30 Last Page

30 A helping hand for the poorest – Andheri aid in India


INDIEN CONTACT
www.owc.de

4 Germany Contact India September 2008

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The Mayor City of Cologne
© Paulo dos Santos

6cYl]ZcXVclZlZaXdbZ
ndjid8dad\cZ4
The key success factor for the economic location of Cologne is its central situation at the heart of the European single market. Within
a radius of 100 kilometres of the city, you can reach 17 million potential customers and thus far more than in most of the other
European metropolises. Whether by land, on water or in the air – Cologne offers the fastest possible connections in all directions. For
example, with the airports in Frankfurt and Düsseldorf, as well as Cologne Bonn Airport, no less than three international airports can be
reached in less than an hour. Cologne Bonn as a hub of the low-cost airlines is particularly interesting for cost-conscious companies.
Cologne’s infrastructure, its balanced mix of industries and its higher education scene, as well as its art and culture, have already
convinced companies like Microsoft, MindTree or Wipro.
As a multicultural metropolis in which over 30 percent of the men and women who live here have other national backgrounds, Cologne
makes it easy for people and companies from all over the world to quickly feel at home. See for yourself.
The India Desk would be delighted to help you.

Office of Economic Development, Willy-Brandt-Platz 2, 50679 Cologne, Fax: +49/221/221-26686, www.stadt-koeln.de


Ms Menge, Tel.: +49/221/221-25367, Katharina.Menge@stadt-koeln.de
Ms Göttgens, Tel.: 49/221/221-23878, Brigitte.Goettgens@stadt-koeln.de

GC
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India.indd 1 5 24.09.2008
19.09.2008 15:41:10
10:25:59 Uhr
Uhr
News

Investment
Changes expected to German foreign trade law
At a meeting held on August 20th, the German government approved
changes to the Foreign Trade Law (AWG). The new rules would allow
the government to prevent a foreign investor from acquiring more
than a 25 per cent stake in a German company. The amendment still
has to be passed by the German Parliament before it takes affect.
The Managing Director of the German Federation of Industries (BDI)
Schnappauf voiced serious concerns about the proposed changes.
“The restrictions proposed by the government send out the wrong
economic policy message about Germany as an attractive place to
invest. As the world’s leading export nation and a major source of
foreign investment, Germany is heavily dependent on open markets.
Consequently, the country must be very open and attractive to for-
eign investors.” Foreign investment in Germany currently stands at
439 billion euro. “This investment creates value-add and jobs in Ger-
many. More than two million jobs in Germany are directly dependent
on foreign-owned companies”, said Schnappauf. Indian acquisitions, such as Suzlon’s takeover of the German
wind turbine firm REpower, might be subject to the Governments
According to the BDI, the government’s plan to impose restrictions
approval in the future. Pictured: REpower engineer at the pro-
on foreign investment violates European law, and this claim has been duction site in Husum
substantiated in a report issued by the law firm Freshfields Bruckhaus
Deringer. “The EU Treaty guarantees free movement of capital within certainty. An additional review of ownership issues costs time and
the European Union and between member countries and third coun- money without any obvious value-add,” claimed Schnappauf.
tries as well. The European Court has imposed strict limits on restric- “In recent months, employment and social policy issues have played
tive regulations,” explained Schnappauf. The restrictions proposed a role on several occasions during the review of foreign investment.
in the current amendment to the Foreign Trade Law are based on the This is clearly in violation of European law,” said Schnappauf.
need to protect “the public order or safety of the Federal Republic of According to the terms of the EU treaty and decisions handed down
Germany”. It is the view of BDI that this form of government review by the European Court of Justice, general economic interests by the
and restrictions goes too far. “These terms are open to a wide range member states must not play any role in the imposition of restric-
of interpretation, and they do not give companies sufficient legal tions on the free flow of capital.

Indo-German trade Investment


Trade with India continues Government finalises draft 2010
to expand – Machinery still tops Investment Subsidies Act
the export list
On 23rd July 2008, the German cabinet adopted a bill to extend
According to information published by the German Federal Statistical investment subsidies for business investments in East Germany
Office, German exports to India more than tripled between 2003 and through 2013. The subsidies would otherwise have terminated in
2007. Preliminary figures indicate that 7.4 billion euros worth of goods 2009.
were exported to India in 2007 compared to 2.4 billion euros in 2003. Investment subsidies are available in the new German states and the
Machinery accounted for 35 per cent of exports (2.6 billion euros), City of Berlin for qualifying investments in businesses that engage
making it by far the largest category. in manufacturing, render certain production-related services, or
The steep increase in exports continued unabated in the first half of are part of the hotel trade. Resident and non-resident taxpayers for
2008. Compared to the same period in the previous year (3.3 billion purposes of personal and corporate income tax laws are entitled to
euros), exports to India were up by 22.5 per cent to 4.1 billion euros. receive subsidies.
The positive trend was evident across all major categories of goods. The investment subsidy is calculated on the basis of the total cost
Imports from India also grew markedly in 2007 and were nearly double (cost of purchase and production) of qualifying investments com-
Photo: REpower Systems AG (Ralf Grömminger )

the 2003 level. The total value of imports increased from 2.6 billion pleted in a particular fiscal or calendar year. The current subsidy
euros in 2003 to 4.7 billion euros in 2007. The leading categories of rates (12.5 per cent for large businesses, 25 per cent for small and
imported goods were apparel (786 million euros, 16.6 per cent share) medium-sized businesses) would decline from 2010 to 2013 by 2.5
and chemicals (694 million euros, 14.7 per cent share). percentage points per year for large businesses and 5 percentage
Imports were up 9.2 per cent year-on-year in the first half of 2008. points per year for small and medium-sized businesses.
There was a significant increase in imports of apparel (507 million Investments extending over several years are subsidised at the rate in
euros, +12.3 per cent) and chemicals (397 million euros, +19.0 per force in the year in which the investment is commenced. Companies
cent), while textile imports were down 3.7 per cent. that commence investment projects by the end of 2009 can thus
Following a trade deficit of 0.2 billion euros in 2003, the trade surplus benefit from the subsidy rates currently in effect.
in goods with India reached 2.6 billion euros in 2007. There was a trade
surplus of 1.5 billion euros between January and June 2008.
India is ranked 26th in the list of Germany’s major trade markets.

6 Germany Contact India September 2008

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News

Germany as a location for innovation


Competitiveness threatened in the long term
A location analysis reveals considerable innovation weaknesses in ment departments may then relocate abroad, for example in Eastern
research- and knowledge-intensive sectors in Germany. Enormous Europe.
potentials could remain unexploited in the future, warns the Fraun- This problem could be remedied only by the better integration of
hofer ISI. highly qualified women and older workers, young people from socially
Research- and knowledge-intensive sectors such as pharmaceuti- disadvantaged backgrounds and qualified personnel from abroad.
cals, vehicle construction and mechanical engineering or computer The potentials for further training and education are also not being
services are vital for a country like Germany with few raw materials sufficiently exploited. In addition, investments and quality improve-
in order to bolster growth and employment. Many of these sectors ments in education are necessary, especially in early childhood (in
are well positioned at present: In the pharmaceutical industry, for pre-schools and primary schools) in order to remain competitive in
example, Germany has become more attractive as a research loca- the long term.
tion and German pharmaceutical companies have become even more There is also a need to catch up in the expenditure on research and
competitive since 1995. However, a recent location analysis reveals development. Spending on R&D has indeed been rising over the last
considerable innovation weaknesses which could significantly lower few years but other countries, for example in Asia, are investing sub-
Germany‘s international competitiveness, especially in the future. This stantially larger amounts in this area. China‘s spending on R&D, for
is the result of a study by the Fraunhofer Institute for Systems and instance, quintupled between 1995 and 2004. Positive developments
Innovation Research conducted for the German Bundestag. in Germany may therefore not be enough to be able to keep pace with
“We must take urgent action if we don‘t want to lose ground,“ warns the international dynamics in research and development.
Dr. Michael Nusser, head of the project at the ISI and says that systemic In their innovation report for the Bundestag, the experts at the ISI
thinking is required rather than selective measures here and there. A describe possible options of action for policy makers including strate-
lack of qualified personnel is one of the most important risk to com- gies for a coordinated innovation policy or for augmenting the exist-
petition, especially for the future. The lack of scientists, engineers and ing knowledge base, clusters and networks. The ISI experts also list
technicians is already lowering competitiveness. “By 2020, Germany innovation strategies for industry (e.g. early integration of users into
could be missing hundreds of thousands of qualified workers – not industrial R&D processes) and science.
only in research and development but along the entire value added
chain, even in production and sales,“ emphasises Nusser. The study The complete study “Research- and knowledge-intensive sectors:
shows that especially small and medium-sized companies are having Options to strengthen their international competitiveness“ commis-
increasing difficulties in recruiting qualified personnel. In the least sioned by the German Bundestag is available (in German) for down-
favourable case, as well as production, their research and develop- loading from: www.isi.fhg.de/t/projekte/d-MN-TAB-Pharma.htm

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Germany Contact India September 2008 7

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Niedersachsen Special

Vigorous trade
development
Hannover, the capital of Niedersachsen,
has the biggest exhibition ground
in the world.

Niedersachsen focuses on business relations with India

By Dirk Hertrampf Since embarking on a process of liber-


alisation more than 15 years ago, India
For a number of years now, business relations between the German federal has exhibited an impressive economic
state Niedersachsen (Lower Saxony) and India have displayed impressively performance. Annual growth rates of
9 per cent, the supply of software and
high rates of growth, illustrating the great potential for trade between provision of IT services to countries all
the north German state and the Asian emerging market. The increasing over the world, the rise of Indian com-
interdependence of Niedersachsen and India as business locations and panies to world leadership in the fields
the constantly growing importance of the subcontinent in the matrix of of biotechnology, pharmaceuticals,
international trading relationships are factors that confirm how bright the chemicals, steel and automotive compo-
overall outlook is for further cooperation. nents, an increasingly knowledge-based
industrial sector, a stable framework of
political and legal institutions and the
high availability of well-trained human
Photo: Deutsche Messe AG

re-sources – all these things make


India a weighty player in the world
economy, and a market that continues
 About the author
to be extremely attractive and to offer
Dirk Hertrampf is Counsellor Asia/Pacific in the outstanding business opportunities, to
Ministry of Economics of the federal state of companies from Niedersachsen as much
Niedersachsen as from elsewhere.

8 Germany Contact India September 2008

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Niedersachsen Special

Record-breaking trade growth known in India and pro-


moting it as a location for
Accordingly, not only has trade between
direct invest-ment. In par-
Germany and India developed in a
ticular, his dual function as
gratifying man-ner over recent years, the representative of both
exceeding the 12 billion euro mark for Deutsche Messe AG and the
the fi rst time in 2007, but the same is Niedersachsen State Gov-
also true for trade between Nieder- ernment enables him to
sachsen and India, the volume of which bring together effectively
increased for the fourth time in suc- partners from two differ-
cession in 2007. After record-breaking ent networks, and so to offer
results in 2006, in which year growth small and medium-sized
amounted to over 50 per cent, a further enterprises from Nieder-
increase of 6.5 cent to 730 million euro sachsen outstanding oppor-
in 2007 represented the attainment of tunities to obtain good
another new peak. Exports from Nie- advice in India.
dersachsen to India amounted to almost Furthermore, the Ger-
360 million euro, representing growth man-Indian Round Table
of just under 13 per cent, whilst Nie- has long provided a reg-
dersachsen’s imports from India rose to ular meeting point in
a good 371 million euro. These figures Hannover where entrepre-
represent shares of 0.5 per cent of both neurs and managers from
Niedersachsen’s exports and imports. Niedersachsen and India
The best-known current example of can get together every two
investment in India by a Niedersach- months. The aim of this
sen company is the construction of the Round Table is to promote business account of the increasing requirement
new Volkswagen factory in Pune, which relationships between Germany and among companies for information about
is to produce up to 110,000 vehicles a India, and to assist SMEs seeking to do India, Hannover Chamber of Commerce
year, starting in 2009. A manufacturing business in India by enabling them to and Industry, in cooperation with the
facility complete with press shop, body exchange experience with people who Indo-German Chamber of Commerce,
shop, paint shop and assembly shop is know the country and with represent- has set up an “India Desk”. The aim is
currently under construction on a 2.3 atives of companies that are already to enable companies from Niedersach-
million square metre site, representing established there. In order to take sen that are seeking business contacts
capital expenditure of some 580 million
euro.
Other well-known companies such
as the wind turbine manufacturer
Enercon and the fragrances and fla-
vourings company Symrise have long
been represented in India. Further ex-
amples are Sartorius, which produces
laboratory and process technology
equipment, and the Hannover-based
chemical company Hüttenes-Alber-
tus: these fi rms have production facil-
ities of their own in Bangalore and
Mumbai respectively. Sartorius alone
has 400 employees in India, which
makes that country the Göttingen-
based group’s second biggest location.

Promoting business relations


Modern wood products
In order to be able to provide even for sustainable living
more effective support to companies
from Niedersachsen seeking to enter
Softwood for innovative building construction or hardwood for creative interior
the Indian market, the State Govern-
design – wood materials are a permanent trend.
ment opened a representative office in
Modern wood products are widely applicable, meet the highest technical
Mumbai in the autumn of 2007. There,
standards, are cost efficient and provide aesthetic appeal. The unique
a interlocutor is available in the person
advantages of a renewable, environment and climate friendly resource from
of Sudhir Patil, who, wearing his other sustainably managed forests can only be found in the world of wood.
hat, is also General Manager of Han-
nover Fairs India; he is able to assist
Niedersachsen companies making their www.germantimber.com
fi rst moves in India, while at the same
time making Niedersachsen better

Germany Contact India September 2008 9

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GC India.indd 1 12.09.2008 13:05:23 Uhr
Niedersachsen Special

further widen the scope of the assist- tion Centre (BIEC) internationally, thus
ance that can be given to those looking impressively exploiting the opportu-
for partners. nity to extend its worldwide activities
to the second biggest growth market in
the world.
Trade surplus for India As a corollary, India also plays a
The fact that business relations bet- major role in trade fairs in Niedersach-
ween Niedersachsen and India are not sen, Germany’s most important trade
a one-way street is made clear not only fair state. India was the Partner Coun-
by India’s slight trade surplus but also try at the Hannover Fair in 2006, and
The good contacts between India and Nie- by the great interest shown by Indian the country’s importance was duly
dersachsen are also apparent in the field of fi rms in cooperating with companies acknowledged once again this year
trade fairs. Pictured: CeMAT India orga- here and in making direct investments through the series of events constitut-
nised by Hannover Messe. in Nieder-sachsen. TUI Infotech GmbH, ing the Indian Business Days at CeBIT,
a joint-venture between India s leading the biggest computer fair in the world,
in India, and also Indian companies IT Consulting and Services company and at the 5th Foreign Trade Forum at
that wish to invest in Niedersachsen, to SONATA and the Hannover-based TUI the Hannover Fair, the most important
obtain the most up-to-date information AG, can serve as an example. Also the indus-trial fair in the world.
about India and Niedersachsen respec- fi rst Indian IT fi rms have now located in India will also be at the centre of
tively more quickly than in the past, Hannover. the automotive industry’s 5th Interna-
thanks to improved networking, and to Against this background, a variety tional Suppliers Fair (IZB) in Wolfsburg
of Niedersachsen companies and insti- from 29 to 31 October. Many well-
tutions have joined with the State Gov- known automotive component suppli-
Itinerary for the visit of a ernment to launch an initiative through ers from both Germany and abroad use
delegation led by Nieder- which we hope to make Hannover, the the IZB as a communication platform,
sachsen Prime Minister location at the heart of Europe, into the in order to establish links with repre-
Christian Wulff and Minister point of contact for Indian companies in sentatives of other domestic and for-
for Science and Culture Lutz Germany through the establishment of a eign suppliers and with carmakers.
Stratman to India on German Indian Business Center (GIBC).
October 2nd-6th, 2008* This Business Center was set up last
year with the aim of bringing together Business delegations to India
October 3rd (Mumbai) and coordinating all areas and activities There are however not only close busi-
 Discussion with the Chief Minister of that are important in relations between ness contacts between India and Nie-
Maharashtra, Mr. Vilasrao Deshmukh Niedersachsen and India, and of offer- dersachsen, but very good political
 Visit to the IMCARES slum project in ing Indian companies a comprehensive relations as well: a delegation headed
Dharavi range of services precisely tailored to by Economics Minister Walter Hirche
 Reception and press conference at the their needs through a central initial point went to India in 2006, and in October
opening of the Nord/LB Bank office and of contact. In this way, we have created of this year Prime Minister Christian
an ideal platform here in Niedersachsen Wulff will also be touring the country
the Niedersachsen office in Mumbai
for the establishment and expansion with a business delegation, in order to
both of long-term business alliances intensify existing contacts and build
October 4th (Pune)
between Indian and Niedersachsen up new ones. The delegation will visit
 Visit to Volkswagen AG in Chakan
companies and also of direct investment Mumbai, Pune and New Delhi. A B2B
 Opening of the University of Göttin- projects by interested Indian fi rms. The contact event in Mumbai will provide
gen’s office at the University of Pune GIBC, as a fi rst stop agency, actively plenty of opportunities for Indian and
 Discussion with Indian students who assists Indian businesses with the proc- Niedersachsen companies to make ini-
will be taking part in IdeenExpo 2009 ess of locating in the Hannover Region. tial approaches to each other.
in Hannover In the other direction, there have also
 Visit to the Faurecia car seat production been numerous visits to Niedersachsen
plant The trade fair connection by Indian business delegations over the
The good contacts between India and past few years.
October 5th (New Delhi) Niedersachsen are also apparent in In addition, Niedersachsen is delib-
 Discussions with Mr. Tulsi R. Tanti, Chair- the field of trade fairs. Last year, for erately pursuing the intensification of
man of Suzlon Energy Ltd., Chairman of example, Deutsche Messe AG grasped its relations with Indian partners in
the Supervisory Board at REpower Sys- a favourable opportunity and launched certain particular areas of technology.
tems AG three fairs in Bangalore, through its For example, a Memorandum of Under-
newly established subsidiary Hannover standing is shortly to be signed between
Photo: Deutsche Messe Hannover

October 6th (New Delhi) Fairs India, simultaneously in December Niedersachsen and the Indian State of
 Visit to IBM subsidiary 2007: Cemat India, Industrial Automa- Kerala on more intensive cooperation in
 Political discussions with the Foreign tion India and Motion, Drive & Automa- the IT field.
Minister or the Prime Minister tion India. Almost 10,000 trade visitors
 Opening of Nya Nordiska product exhi- ensured that these internationally ori- CONTACT
bition entated fairs were successes right from German-Indian Business Center Hannover
the start. In addition, Deutsche Messe c/o HannoverIT e.V.
*Itinerary subject to change AG has taken on the task of marketing Tel.: +49.511.4374796
the Bangalore International Exhibi- frank.steinlein@gibc-hannover.org

10 Germany Contact India September 2008

GC India_3_VW.indd 10 24.09.2008 15:41:19 Uhr


JOST_k.indd
ADVERTISEMENT

JOST opens new


factory in India

The new JOST factory in Jamshedpur,


Jharkhand will produce 50,000 fifth
wheel couplings annually.

In the midst of a festive ceremony, JOST India Auto The JOST plant in India was constructed on a 60,000
Component inaugurated its new production plant in Jamshed- square meter green field site. The modern production plant in
pur, a city west of Kolkata, on 25th July, 2008. Here, around Jamshedpur is located in close proximity to the largest Indian
100 employees will be producing fifth wheel couplings for the truck manufacturer, Tata Motors. JOST India Auto Compo-
Indian market. nent had already signed an agreement with Tata for long-term
supply of fifth wheel couplings. Peter Ormond, JOST Asia Presi-
At this celebratory opening of the new JOST plant dent said, “We aim to equip many generations of new trucks
in Jamshedpur in the north eastern state of Jharkhand, JOST and trailers in India with our safe, reliable systems.”
CEO Lars Brorsen was impressed with the rapid growth on the
Indian subcontinent, emphasizing the significance of the new Production in the new JOST factory meets the highest
plant for company’s global strategy. “Thanks to the production industrial standards and is the fi rst direct 100% foreign invest-
of our technologically leading products here, we can now serve ment in Jamshedpur. In this modern manufacturing facility, the
the Indian market better and more quickly. At the same time, employees will be producing JOST fifth wheel couplings for the
we wish to take advantage of the resources of this extraordi- Indian market. After a brief start-up period, they will be able to
nary country. This is why we are very deliberately counting on manufacture up to 50,000 fifth wheel couplings annually in the
qualified, highly-motivated local employees.” new plant. The new factory also has an ultra modern plant for
e-coating (KTL). This process, which is used to lastingly, reli-
As previously done with other important markets ably protect JOST products against corrosion, is absolutely free
such as China, the USA or South Africa, JOST decided last year of solvents and therefore particularly health and environment
to invest in its own production plants in India. After fewer friendly.
than 14 months of construction time, production of fifth wheel
couplings has now begun. At the inauguration, the India CEO JOST is the only supplier of fifth wheel couplings and
Amarjeet Singh said: “As an integral part of the JOST group, telescopic landing gear that can provide its products and serv-
we at this new plant will contribute to the success and growth ices throughout the world. With production plants in Germany,
of the JOST World. The top quality, well engineered technology Spain, Hungary, the USA, Brazil, South Africa, China and now
and the title ‘Made in India’ will all guarantee a high level of India, JOST is the global partner of choice for the commercial
acceptance for JOST products from the very outset.” vehicle industry. JOST is today the leading producer of connec-
tion components for truck & trailer.

Further information about JOST is available under


www.jost-world.com
and www.jost-india.com Production in the new JOST factory meets the highest industrial standards.

GC India_3_VW.indd 11 24.09.2008 15:41:24 Uhr


JOST_k.indd 1 12.09.2008 12:19:34 Uhr
Automotive Industry

New cooperation
arrangements

The German automotive industry


steps up its commitment in India
By Matthias Wissmann
Investments in India by the German automotive indus- About ten years ago a survey conducted by the German Asso-
try have risen steeply in recent years. This is all the ciation of the Automotive Industry (VDA) counted 34 produc-
more surprising considering that some of our compa- tion plants set up in India by German automotive companies.
nies have been represented on the Indian market for a By 2004 the figure had already risen to 54, and many more
very long time already. For example: Bosch kicked off investments have been made since then. A current survey
conducted by our association revealed that ten large German
its first activities in India more than 80 years ago in supplier companies alone employ more than 25,000 em-plo-
1922, Mercedes entered a cooperation arrangement yees in India. Together they achieve a turnover of 1.2 billion
with an Indian manufacturer 50 years ago, and Skoda euros a year, have already invested over 380 million euros in
of the VW Group has links to the Indian market going India, and are planning further investments worth over 250
back decades. This long-term strategy pays off. Today million euros in the near future.
the German automotive industry is building more than Not included in this figure are the investments planned by
ever on India as a dynamic market of the future, with vehicle manufacturers determined to multiply their local pro-
duction capacities. The cooperation between MAN and Force
high investments by car and truck manufacturers and Motors, BMW's start-up in Chennai, the decision taken by VW
many suppliers. German automotive production facili- and Audi to establish a production base in India, Daimler's
ties are being developed in India, and suppliers are decision to establish a joint venture with the Hero Group in
producing parts and assemblies jointly with Indian order to enter the Indian commercial vehicle and bus market
partners for the world market. – all these investments offer additional opportunities for the
German supply industry as well as for Indian fi rms.
Photos: BMW

 About the author The success of German manufacturers is reflected by a


Matthias Wissmann is President of the German surge in exports to India. German car manufacturers increa-
Association of the Automotive Industry (VDA) sed their exports of light vehicles to India by a remarkable 37

12 Germany Contact India September 2008

GC India_3_VW.indd 12 24.09.2008 15:41:26 Uhr


Automotive Industry

per cent in 2006, and in 2007 they did even better by doubling Wolfsburg AG
the figure. Exports of German commercial vehicles to India India focus in Wolfsburg
also doubled in 2007. Admittedly, at just under 6,000 vehicles
the total volume is modest, but the commitment reflected in
the upward trend is significant. Wolfsburg AG is hosting the “Indian-German Automotive Congress” on
28th October and the International Suppliers Fair (IZB) between 28th
and 31st October 2008 in Wolfsburg, home of the German Volkswagen
New cooperation arrangements AG. The Congress on 28th October will be attended by experts from
The same applies to India as an export base. It is not only leading German and Indian OEMs and suppliers, providing best-prac-
German exports to India that are growing. Trade in the other tice examples and discussing the opportunities offered by bilateral
direction has also risen sharply, underlining the growing sig- partnerships. At the International Suppliers Fair from 29th to 31st
nificance of India as a production and export location. New October 2008, supplier companies from Germany and abroad will have
cooperation arrangements between Indian manufacturers the chance to showcase their products and services on 33,000 square
and European partners also mean a step forward for India’s metres of exhibition space in Wolfsburg. A focal point of the IZB 2008
industry in terms of quality. In only the fi rst five months of will be the presentation of this year’s partner country India. Among
2008, India exported cars worth 23 million euros to Germany. the exhibitors are more than 40 suppliers from India which will show-
The supply industry in India also increased its exports to Ger- case their products and services on about 750 square in Hall 2.
many substantially, with the upward trend continuing. Part
supplies in the fi rst five months of 2008 reached over 87 mil-
lion euros – a record level up more than 15 per cent on the Ashok Minda Group, Noida/Schenk Plastic
figure for the year before. The signs are that German compa- Solutions GmbH, Esslingen
nies will want to buy more in India in the future.
Similarly, German suppliers can point to a growing volume Indian component manufacturer
of deliveries to India. While their deliveries to India were acquires German interior supplier
worth only about 30 million euros a year at the beginning
of the millennium, by 2007 the figure had multi-plied more Ashok Minda Group, a Noida-based auto component manufacturer,
than seven times to a volume of 208 million euros. Exports of has acquired specialist interior component supplier, Schenk Plastic
parts in the fi rst five months of this year totalled 96 million Solutions in Germany, for an undisclosed amount. The latest aquisi-
euros, up 13 per cent year-on-year. Interest in products made tion will help the group to strengthen its already significant presence
in the German supply industry remains high and we expect in Europe.
a further rise in deliveries to India as well as purchases from Schenk is a leading supplier of plastic parts and components for the
India. The free trade agreement currently being negotiated automotive and technical parts industries with plants in Esslingen and
between India and the European Union will further promote
Bretten in Germany and Liberec in the Czech Republic. Schenk has
and increase trade.
annual sales of 75 million euros with 500 employees. The company has
a patented “skinform“ technology which produces high-value inte-
Facing global challenges rior surfaces at a lower cost than previously possible. Schenk‘s top
The automotive industry is faced with major challenges all customer is Daimler, which accounts for around 60 percent of the
over the world. People's wish for individual mobility goes hand company’s business. Daimler’s support to Minda for current and future
in hand with the question of environmentally sound techno- business will be crucial for the deal.
logy and global reduction of CO2 emis-sions. Infrastructures Commenting on the aquisition, Ashok Minda, Chairman of the Minda
must be improved further, and we must be able to rely on Group said, “This acquisition is another step in our strategy to become
the framework conditions. Global economic networking calls an important global player in the high-end plastic interior parts.
for global solutions, for example in the economically efficient Schenk’s technical leadership and Minda’s management competence
harmonising of technical regulations. Here we are working will offer tremendous advantage to existing and new customers in
together on solutions to the challenges that are facing both Europe and the rest of the world.”
Germany and India. The AK Minda Group will use Schenk as a platform for expanding its
One encouraging result of the joint activities conducted so business in Europe. This is the group’s second acquisition in Europe
far by Indian and German companies and associations in the after taking over another plastic interior plant in Pirna, Germany, last
automotive industry is that the automotive industries of both year.
India and Germany are ideal partners in securing sustainable
mobility.
Especially in the technological area, the German Clean BMW India Pvt. Ltd., New Delhi
Diesel Technology offers a pathway to the future for efficient BMW plans to introduce a hybrid
and environmentally sound mobility. Compared with equi-
valent internal combustion engines, the Clean Diesel saves car in India in 2 years
25 per cent more fuel and thus makes an active contribution
to climate protection as well. Together with our partners we After the global launch of its hybrid car, which is expected in the
are promoting the economical, clean, quiet and high-perfor- next 18 months, BMW is planning to introduce it in India within the
ming Clean Diesel in India too. India, with its great potential next two years. In its Efficient Dynamics programme, BMW has been
for growth, is an excellent market for advancing this techno- working on the development of hybrid vehicles and showcased the
logy further. ConceptX6 ActiveHybrid at the 2007 Frankfurt Motor Show.
BMW Senior Vice-President, Asia Pacific (except China) and South
CONTACT Africa, David Panton revealed, “In the next 18 months the hybrid
info@vda.de vehicle from BMW will make its international debut. There is a pos-
www.vda.de/en/ sibility that it could find its way to India.“ >>>

Germany Contact India September 2008 13

GC India_3_VW.indd 13 24.09.2008 15:41:29 Uhr


Automotive Industry

German automotive industry at a lower cost, this technology can be used in its foreign sub-
Investment abroad generates sidiaries at virtually no extra cost. As a result, development costs
per each car sold are lowered, which in turn creates incentives to
increased employment in increase R&D activities in Germany, and this creates new jobs.
Germany Over the last ten years, the number of people employed by Ger-
man car makers in Central European, Eastern European, and Asian
It was widely feared that the shifting of production by German car reforming countries has increased from 38,000 to 100,000. Dur-
makers to Central and Eastern Europe would cause a decrease in ing the same period, the automotive sector’s import and export
employment in Germany. The opposite is the case, however. Since trade with these countries has also developed much more dynami-
1995, 160,000 new jobs have been created in the German automo- cally than with other countries. This is due to the intensive mutual
tive sector. This is the main finding of a study by Henning Klodt that trade in preliminary products that is characteristic of value-added
was recently published in the List Forum. networks. As a result, 160,000 new jobs have been created in the
Klodt states that this finding, which is surprising in the light of the German automotive sector since 1995, which is an increase of more
current globalisation debate, is due to the investment motives of than 20 per cent.
multinational companies. Recent studies have shown that multina- Klodt emphasises that “it makes little sense to cry over jobs that
tional companies are not primarily interested in taking advantage have been shifted to other countries, because their being shifted is
of lower labour costs in particular countries, but rather in estab- a major precondition to be able to make employment in Germany
lishing global value-added networks that they can use to better more profitable.”
exploit their superior technological know-how. If a German car
maker develops a technology in Germany that enables it to produce IfW – Kiel Institute for the World Economy

>>>
The German carmaker has made a good start in India, and has
increased its sales target by 40 per cent to 2,800 units this year.
Panton further added that BMW has been able to perform better
than its expectations in India, saying that in the initial six months of
2008 BMW has already sold 1563 units compared to a total of almost
1,400 units in the whole of 2007. “In fact, we have upped our sales
target for 2008 from 2000 to 2800 units,“ said Panton.
When questioned about the tentative launching date of the hybrid
vehicle in India, BMW India President Peter Kroncshnabl replied, “It
could be between 18-24 months.“ Lately, Honda had initiated the
introduction of hybrid vehicles in India with its Civic Hybrid, which is
priced at 50,259 US dollars (ex-showroom, Delhi).
Source: IBEF

Daimler Hero Motor Corporation Ltd.


Daimler Hero Commercial Vehicles
production plant to be located in
Daimler Buses in India: Launch of new Mercedes-Benz coach in
Chennai cooperation with Sutlej Motors: Harald Landmann, Head of Daim-
The Indo-German joint venture Daimler Hero Commercial Vehicles ler Buses, and Dr. Wilfried Aulbur, Managing Director and CEO
(DHCV), which was founded in April this year by Hero Group and
Daimler AG, concluded negotiations concerning its production loca-
tion. In July, the company decided in favour of the city of Chennai.
The key factors leading to the choice of the Chennai site for the for export markets whose product requirements are similar to those
future production plant were proximity to important suppliers, of the Indian market is planned.
the city‘s infrastructure, transportation connections and the large DHCV is aiming to achieve a localization rate of up to 80 per cent
number of well-qualified skilled workers in the region. in order to optimally utilize cost advantages. The proximity of the
The plant site, which measures 1.6 square kilometres (approx 400 Chennai plant to the local supplier industry will help greatly to utilize
acres), is located at Oragadam, District Kanchipuram, in direct prox- these cost advantages and will also help the local industry and com-
imity to several supplier parks where Daimler Hero Commercial Vehi- munity.
cles could also secure sites for future suppliers. Daimler AG and the Hero Group signed the contract establishing the
Photo: Daimler AG

The Indo-German joint venture will soon begin the construction of joint venture in Delhi on April 21st. Total investment in the Indo-Ger-
a new factory in Chennai, where it will produce commercial vehicles man joint venture will amount to over 700 million euros over the next
under a new brand name for the Indian volume market and exports. five years. The equity capital brought in by Daimler and the Hero Group
Starting in 2010, the plant is to produce up to 70,000 trucks in its will amount to 360 million euros. Daimler will contribute 220 million
initial phase of operation. At a later point, the production of trucks euros of this amount as a direct foreign investment in India.

14 Germany Contact India September 2008

GC India_3_VW.indd 14 24.09.2008 15:41:30 Uhr


www.adrei.de
The Chemical Company

A passion for coatings


Coatings by BASF protect surfaces and give them
color and luster. For automotive OEM coatings,
automotive refinish coatings, industrial coatings
and decorative paints our customers rely on our
ability to provide intelligent solutions that will
improve their products. Whether it is research
and development or production and service –
you can depend on BASF Coatings worldwide.

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+49 2501 14-0
www.basf-coatings.com

GC India.indd
GC India_3_VW.indd
1 15 24.09.2008 11:40:01
12.06.2008 17:00:58 Uhr
Uhr
Economy & Business

Deepening relations
Recent developments in the Indo-German
economic relationship
By Ernst Stöckl-Pukall

The ties between Germany and


India have never been so strong
as today, and the prospects for
the future look even better. Trade
and investments are growing fast
in both directions. The volume of
bilateral trade has doubled in the
past three years, reaching about
12 billion euros in the year 2007.
Germany‘s exports to India grew to
7.3 billion euros, in line with its role
as the world’s number one exporter.
India’s exports to Germany totalled
4.7 billion euros, reflecting India’s
high demand for German machin-
ery and equipment, which is needed
for the country‘s rapid process of
industrial modernisation to world
standard.

In the field of investments we have been


witnessing great activity among Indian
companies to acquire foreign compa-
nies. Besides the widely publicised major
takeovers effected by Indian companies
there are many acquisitions of small
and medium sized enterprises (SMEs).
Germany has a huge number of SMEs in
leading positions on the world market
which are attracting more and more
interest from Indian companies looking
for know-how and technologies. With
its infrastructure and its location in the
centre of Europe, Germany is an ideal
investment location. Indian green field
investments in Germany are still low
however. Indian companies wishing to
move to Germany are welcome and can
approach “Invest in Germany” for assis-
tance in issues related to their invest-
Trade between India ment plans. In September the Indian
and Germany is growing Minister for Commerce and Industry
fast in both directions. will be visiting Germany together with
Pictured: Container almost hundred Indian SMEs. This is
handling in the port of
Photos: duisport/Felden, ILA

another sign that the Indian economy is


Duisburg.
going global.

Investment at high pace


 About the author Many German companies such as Sie-
Ernst Stöckl-Pukall is Counsellor Economic & Com- mens, ThyssenKrupp and Bosch etc.
mercial at the German Embassy in New Dehli. have long been investing in India and

16 Germany Contact India September 2008

GC India_3_VW.indd 16 24.09.2008 15:41:32 Uhr


Economy & Business

have developed a visible presence in the is also taking shape. Almost all German
market. The majority of theses busines- companies in this sector have set up
ses are progressing at a high pace and subsidiaries or joint ventures in India.
with considerable commercial success. This is for example a great advantage for
They foresaw the huge market poten- Volkswagen, which intends to source up
tial which could be tapped once India to 80 per cent of the required compo-
embarked on the path of economic libe- nents from India. To tap the promising
ralisation, which materialised in 1991. market for commercial vehicles, Mer-
In 2007/08, German companies inves- cedes Benz and MAN have entered into
ted 514 million US dollars in India. The joint ventures for large-scale produc-
cumulative investment since 2000 is 1.5 tion. The Indian market is still highly
billion US dollars. This figure does not protected against the import of vehic-
include reinvestments and is therefore les – an issue that was controversially
an undervaluation of real activities. discussed at the WTO negotiations in
With an average economic growth Geneva recently. But irrespective of
rate of 8 per cent over the last five this issue, there should be no doubt that
years, the Indian market has increas- India with its huge internal market will
ingly appeared on the screen of German become competitive.
companies. In the last few years we have Another sector with immense growth India was the Partner Country at the Berlin
witnessed the positive development that potential is civil aviation and aero- Airshow ILA 2008. Pictured: The booth of
more and more small and medium sized space. Despite rising fuel prices, India the Defence Research and Development
companies are entering India or at least will purchase about one thousand pas- Organisation (DRDO)
are deliberating plans to do so. This senger and cargo aircraft over the
is also reflected in the large number next decade. At the same time India is
of delegations visiting India to gather modernising its defence sector by going
information about market opportuni- ahead with the necessary acquisition of
ties or to fi nd partners for cooperation. military aircraft. Currently a tender for lished soon in New Delhi. This comes at a
The German Embassy, German Consu- 126 multi-role combat aircraft is being time where the well established network
lates and the Indo-German Chamber of processed, with participation of the of scientific cooperation between the
Commerce, mostly in cooperation with European company EADS, the parent two countries is expanding and many
local partners, help them to meet with company of Airbus. With respect to the German science organisations such as
the appropriate partners. Business dele- offset requirements set by the Indian Max Planck or DFG are active in India.
gations are regularly accompanying government and to the fact that India The new centre aims at linking research
high level political visitors to India. is a key client in the aviation sector, it institutions and companies, thus reflec-
For example, later this year the Federal goes without saying that India wants to ting the increasing number of foreign
Minister for the Environment, Nature get its share of that market and deve- companies which are setting up R&D
Conversation and Nuclear Safety or lop and transform its own industry into facilities in India and Indian companies
the Chief Ministers from Lower Saxony an internationally competitive one. No which are now attributing more impor-
(Niedersachsen) and Baden-Württem- wonder that all aerospace majors are tance to R&D than in the past.
berg are planning to visit India. already looking for partners and are Other markets with big growth
investing in India to develop a strong potential are environment technology
market position. As such, this sector is and renewable energies. Federal Minis-
German automotive and aviation one of the best examples of how coope- ter Sigmar Gabriel will visit India with
industry in India ration and transfer of technology bet- a high ranking business delegation to
Despite the recent slowdown of econo- ween India and Germany can be of great open the Indo-German Environment
mic growth to around eight per cent due mutual benefit. India’s strong interest in Forum in November this year. The two-
to a weaker than expected expansion of cooperation with Germany was reflec- day forum will focus on its fi rst day on
the industrial sector and a high infla- ted in India’s role as Partner Country in environmental technologies for water
tion rate which climbed above 12 per this year‘s Berlin Airshow ILA. management, sewage treatment, sani-
cent, the basic economic environment tation and waste management and on
remains conducive for investors. Experts its second day on energy efficiency,
estimate the sustainable growth rate for Science and environmental tech- renewable energies and CDM. Demand
India at close to eight per cent. One main nology in these sectors is constantly rising in
sector of growth will be the automotive There are many other fields where coo- India. Since German companies are
and commercial vehicle sector. Almost peration between Germany and India amongst the best suppliers of techno-
all auto majors consider Asia as the has been deepened over the last few logy in these areas, the scope for coope-
fastest growing market for cars in the years. One of them is science, techno- ration looks immense.
world. They are foraying into the Indian logy and education. During the visit to Compared to China, India is still
market with the mid-term objective that India of Chancellor Angela Merkel in lagging behind in terms of per capita
India will become an international hub. October 2007, the Federal Minister for income, the quality of infrastructure
Best example is Volkswagen, which is Education and Research Dr. Annette and other aspects. But despite of its
currently setting up a manufacturing Schavan signed a Memorandum of many problems, the country has proved
unit with an annual capacity of 110,000 Understanding with her Indian coun- to be a market with its own strength
cars. Around the rapidly growing faci- terpart Mr. Kapil Sibal concerning the and potential which cannot be neglec-
lities in the sector, a competitive land- creation of an Indo-German Science ted. There can be no doubt that India is a
scape of car component manufacturers and Technology Centre to be estab- rising star with many facets.

Germany Contact India September 2008 17

GC India_3_VW.indd 17 24.09.2008 15:41:36 Uhr


Economy & Business

Business climate
worsens again
Results of the August 2008 Ifo Business Survey

The Ifo Business Climate Index for expectations for the coming half year
Ifo Business Climate Germany, are again more sceptical than in the pre-
industry and trade in Germany has
Trade and Industry1) vious survey. In wholesaling, however,
fallen in August, the third decline
the business climate has brightened: The
of the index in succession. The cur- current situation is still seen as slightly
rent business situation has been positive and the outlook is assessed less
assessed clearly more unfavour- critically.
ably than in the previous month.
In addition the firms also expect a
Renewed clouding in the service
further negative business develop-
sector
ment in the coming half year. The 1)
Manufacturing, construction, wholesaling and The Ifo Business Climate in the German
German economy is encountering retailing service sector has worsened again in
an increasingly more difficult situ- August. The indicator has thus fallen for
Source: Ifo Business Survey September 2008
ation. the third time in succession. Behind this
decline are two countervailing tenden-
Ifo Business Climate Germany cies: The service providers are some-
In manufacturing the business climate by Industry what more satisfied with their current
has cooled off further. The survey par- business situation than in July, but they
ticipants are noticeably less satisfied are clearly more sceptical regarding the
with their current business situation six-month outlook. They plan to exer-
than in July. Moreover, they are mark- cise more caution in hiring additional
edly more sceptical with regard to the personnel.
six-month outlook. The survey respon-
dents again expect weaker support from
export business, and they plan to exer-
Clear weakening in the willingness
cise more caution in hiring additional to hire additional staff
staff. The Ifo Employment Barometer for
The business climate in construc- Source: Ifo Business Survey September 2008
German industry and trade fell per-
tion has worsened somewhat, with con- ceptibly in July after having worsened
already in the previous month. The
increase in employment will thus pro-
Ifo Business Climate in the
ceed at a clearly weaker pace.
Services Firms in manufacturing are planning
The Ifo Business Climate Index is compiled
fewer new hirings. Technical capacities
by the Ifo Institute for Economic Research
in manufacturing are being utilised less
at Munich University and is considered one
intensively on the whole in comparison
of the significant leading indicators of the
to the fi rst quarter of the year or to all
business cycle in Germany. of last year. For this reason, the need for
The index is based on approx. 7,000 additional personnel is weakening. Nev-
monthly survey responses of firms in ma- ertheless, there are still complaints of a
nufacturing, construction, wholesaling and lack of skilled personnel especially from
retailing. The firms are asked to give their capital goods producers. Retailers and
assessments of the current business situa- wholesalers expect weaker business in
tion and their expectations for the next six Source: Ifo Business Survey September 2008 the coming half year, and for this reason
months. They can characterise their situa- their personnel plans are more cautious.
tion as “good”, “satisfactory” or “poor” and In construction, the survey responses
their business expectations for the next six tractors appraising both their business indicate a fairly stable employment sit-
months as “more favourable”, “unchanged” situation as well as the six-month out- uation.
or “more unfavourable”. look more unfavourably. In retailing
For more information, visit the business climate index fell slightly. Ifo Business Survey
www.cesifo-group.de. Retailers are less dissatisfied with their Ifo Employment Barometer for the Financial
current business situation but their Times Germany

18 Germany Contact India September 2008

GC India_3_VW.indd 18 24.09.2008 15:41:38 Uhr


Economy & Business

Established as a top
investment location
Germany under the scrutiny of international managers
In contrast to other countries in country’s infrastructure – both in terms
of transport networks and telecommu- Comparison of the devel-
Western Europe, Germany has opment of unit labor costs
nications.
clearly established itself as a between 1997–2007 across
The appraisal of workforce qualifica-
top player in the global league. tions is down slightly overall in com- the European Union
However, the pressure from the parison to the previous year, which is a
up-and-coming BRIC countries is worrying trend particularly when seen Germany 0,3
enormous. In order to obtain a more in a more long-term context – in 2006 Austria 0,6

accurate picture of the opinions of the number of positive appraisals was Finland 1,2
Belgium 1,4
managers outside Germany, deci- still 89 per cent, while the current figure
Sweden 1,4
sion makers at 205 companies from is down to just 76 per cent.
France 1,6
The subject of “sustainable corpo-
outside Germany were asked to give rate governance" is still seen by most EU27 1,8
their views about the attractive- of the respondents as one of Germany’s
Italy 2
Poland 2
ness of Germany as a business and strengths. In fact, German companies Netherlan 2,3
investment location. – both large companies and small/ Spain 2,5
medium size enterprises – have engaged Great 2,8
The USA is still the key rival to Ger- very intensively with this subject – and Portugal 2,9

many as a potential investment loca- not only in recent years since it became Greece 3,1

tion, but the trend is waning. At present, trendy to do so. Czech Rep. 3,3
Ireland 3,4
21 per cent of the people asked identi-
fied the USA as German’s main com- Germany’s weaknesses Slovak Rep. 4
Slovenia 4,6
petitor – in 2007 this figure was still 35 At the same time, the results from other 6,2
Bulgaria
per cent. The UK and China are in joint parts of the survey pointed at a major Hungary 6,3
second place with 16 percent each. The weakness of German as a location: the Rumania 29,6
numbers clearly show that these inter- general lack of a culture of independence
national companies recognize Germany or entrepreneurship. Only 65 per cent of Source: EU Commission, Eurostat
as a global player. the respondents gave Germany a positive
mark for “entrepreneurial spirit".
Germany’s strengths Overall, it can be concluded that Ger- Republic and Poland by 64 and 63 per
After establishing Germany’s posi- many has seen no improvement since cent respectively (data supplied by the
tion among the global competition, 2007 in any of the areas – in fact, quite Federal Office of Statistics) – while the
the survey was interested to fi nd out the opposite: as a location, Germany is increase in Germany for the same period
which individual aspects are the most evidently under pressure in a number of was just 13 per cent, a figure which rep-
important for companies from outside areas. resents a lower increase in labour costs
Germany. The most important point From the point of view of the manag- than any other European country during
in favour of Germany remains the ers of the companies in the survey from the same period. On average, the (nomi-
outside Germany, the high labour costs nal) unit labour costs in Germany have
in Germany and the over-regulation of risen by 0.3 per cent in the last ten years.
About the study: German labour laws are the biggest dis- The rates of increase are much higher in
As part of a survey conducted across the advantages of Germany as a location. the countries which are German’s main
whole of Europe, in which 834 internation- However, the labour cost argument has rivals in Western Europe (see graphic).
al decision makers expressed their views on clearly become less important in recent In fact, the real labour unit costs in Ger-
the attractiveness of Europe as a location, years – in 2006, 78 per cent of the for- many have actually been reduced in
205 decision makers from non-German eign decision makers still felt that this recent years: by 11 per cent over the last
companies were asked for their appraisal factor was an obstacle to investment, five years. In France they rose by three
of Germany as a location. The study was while this has dropped to just 65 per per cent during this period, while they
cent today. Indeed, labour costs have remained constant at the 2002 level in
published by Ernst & Young under the ti-
been quickly catching up in the East- the UK. In recent years, Germany as a
tle „Location Germany 2008: Germany and
ern European countries in particular. location has therefore gained compet-
Europe – International Manager Assess-
For example, between 2000 and 2007 itiveness in comparison to the other
ment“.
the labor costs in Hungary increased large European national economies in
by a total of 95 per cent, in the Czech terms of labour unit costs.

Germany Contact India September 2008 19

GC India_3_VW.indd 19 24.09.2008 15:41:38 Uhr


Economy & Business

Winning strategy times

Future bridge to India: the Luckenwalde Biotechnology Park continues to expand

The big players are not the only become more difficult. However, Indian companies, so we have decided to open
companies benefit from a win-win situ- an office in this country,” said Hitesh
Indian companies which are gain-
ation when they come to Germany.” Two Sethia, the head of the new branch in
ing a foothold in Germany. SMEs Indian companies are already located Frankfurt/Main. Dorai knows why
are also making their way to Central in Luckenwalde. Dorai brought another SMEs are now discovering Germany.
Europe to gain access to the sales eight companies, which are interested “There is now a lot of competition bet-
market and to acquire know-how. in entering the European market, along ween Indian companies in the US and
Compared to the large companies for investment discussions, because he the UK.” Growth opportunities are more
however, SMEs find market entry believes that Luckenwalde is the ideal lucrative in Germany. The cultural and
more challenging. A marketing place to locate. language barriers and the initial invest-
ments are higher than in the English-
campaign by a local region in Ger- speaking countries, but long-term ROI is
many shows how the obstacles can Indian SMEs discover Germany significantly better in Germany.
be overcome and how to make it Reports of investment projects by Indian
easier for German companies to companies have become more frequent
find their way to India. in recent times. Big names like Suzlon, Know-how, sales market and trai-
Wockhardt, Voltas (Tata Group), Bharat ning centres
Forge and Viraj appear regularly in the The business leaders who accompanied
business news. Only this year ICICI, Dorai to Luckenwalde in March are
which is India’s largest private market looking for different types of ROI. Micro
“Win-win situation” is one of the most bank, entered the market. The bank got from Bangalore is considering using
overused phrases which crop up during its initial start in this part of the world in Luckenwalde as a base for entry into the
investment discussions, business loca- Belgium, and the new office represents European market. Newtech Software
tion presentations and more gener- the company’s next attempt to gain a Ltd., which is also based in Bangalore,
ally in international business jargon. foothold in continental Europe. In con- established a presence in Luckenwalde
The term was heard once again on a trast to the industrial heavyweights, in July of this year and plans to purchase
humid afternoon in May of this year ICICI’s decision is an indication that biotech software technology from the
at an industrial estate in Luckenwalde, SMEs are now venturing into the Fraunhofer Institute which is the lar-
Germany. The words were uttered by German market. “We are seeing an gest applied research and development
Photos: OWC

Ramini Dorai who acts as a business increasing level of investment by Indian services organisation in Europe. The
consultant on behalf of Indian compa- companies in Germany. The investors third potential investor to accompany
nies in Germany. “The UK market has tend to be Indian SMEs rather than large Dorai was the business development

20 Germany Contact India September 2008

GC India_3_VW.indd 20 24.09.2008 15:41:39 Uhr


Economy & Business

s three Indian SMEs discover Luckenwalde


in 1997 in an attempt to attract major
Luckenwalde: new technologies. 38 SMEs in the bio-
22,000 inhabitants technology, medical technology and
> County: Teltow-Fläming life sciences industries have located at
> Distance from Berlin: 50 km the park including two companies from
India. Luckenwalde and five other bio-
technology parks in the greater Berlin
Biotechnology Park Luckenwalde: area collaborate with the academic and
> Number of companies: 38 research community. Greater Berlin is
> Employees: approx. 500 one of nearly 30 biotechnology regions
> Industries: Biotechnology, in the country, which generate around
medical technology, life sciences one third of patent applications in
> Size: 28 hectares the industry worldwide. Berlin along
> Certification: ISO 9001, GMP
with Munich and Heidelberg is one of
Germany’s largest biotechnology clus-
> Established: 1997
ters.
> Address:
Biotechnologiepark Luckenwalde GmbH
Weber pointed out that it is difficult
Im Biotechnologiepark, TGZ 1
to attract biotech companies from other
14943 Luckenwalde European countries to Luckenwalde.
Germany The Biotechnology Park management
Tel.: 0049/3371/681-100 team hopes to have more success with
bio-luck@bio-luk.de Indian companies, because the indus-
www.bio-luck.de try expanded by more than 30 per cent
between 2007 and 2008. As soon as a
critical mass of Indian companies has
been reached in Luckenwalde, the Park
management team will not hesitate to
present the site to the outside world as
manager M.S. Ganesh from Firepro Sys- decision to come to Germany in the a springboard to develop the Indian
tems Pvt. Ltd., India’s largest building fi rst place. “People coming here from market. This in turn should entice
management fi rm. The company inte- India do not know anybody,” explained German companies, which are targeting
grates, installs and operates fi re pre- Weber. To make things easier, the park the rapidly expanding Indian market, to
vention systems. Ganesh describes the management team organises discus- locate at the Park. However, the man-
company’s role as “making buildings sions with potential collaboration part- agement team remains low-keyed. “We
intelligent”. Firepro also has offices ners, provides access to legal assistance do not want to create unrealistic expec-
in Australia, Singapore and Dubai. and helps companies apply for govern- tations. This is going to be a long pro-
However, the company needs partners ment subsidies before they even begin cess,” said Weber, keeping his feet
to remain competitive and head off to think about setting up a subsidiary. fi rmly on the ground. There is however
the challenge of foreign competitors. Management consultant Dorai supports an initial success story to report. At the
German expertise is part of the equa- this approach. “Trade shows are a good Park, an Indian company has become
tion. “The leaders in the field are located opportunity to gather general infor- aware of German expertise in field of
in Germany,” said Ganesh, and this is mation about the state of technology tumour analysis. The German com-
one reason why the company decided to in German industry, but they have not pany is now represented in India and
set up a training centre in Luckenwalde proven to be very helpful in establish- is making use of the Indian partner’s
in September. Employees from India ing B2B contacts.” Joining forces with sales channels. Weber is convinced that
will receive training here, and this will a knowledgeable partner at the site is the German company would otherwise
enable them to apply German enginee- more likely to lead to success. never have established the Indian con-
ring expertise in their work on building nection. According to Firepro’s Ganesh,
projects in India. now that the company has a presence in
Luckenwalde, German companies will
The company intends to comply with Indian investors help revitalize be involved in mega projects in India
ISO 9000 quality standards in the near German industry which Firepro hopes to acquire with the
future. However, know-how is not the The Indians are not the only ones who aid of German know-how. At any rate,
only issue. Christoph Weber, Direc- benefit. The Luckenwalde strategy is also one thing is clear. The Indian compa-
tor of the Biotechnology Park in Luck- designed to boost the local economy. In nies, the city of Luckenwalde and the
enwalde, is convinced that having a the wake of German reunification, the German companies which locate at the
German subsidiary enhances the image city’s importance as a manufacturing Park will all benefit. Business jargon
of Indian companies. “We can offer that centre declined, and this led to unem- already has the fitting buzzword: a win-
here,” said Weber. However, it is impor- ployment and a population exodus. win-win situation.
tant that Indian companies make the The Biotechnology Park was opened Christian Müller

Germany Contact India September 2008 21

GC India_3_VW.indd 21 24.09.2008 15:41:43 Uhr


Economy & Business

David vs. Goliath?


Legal dispute between Putzmeister and
Aquarius Engineers

Site of Putzmeister Group’s wholly-owned sub-


sidiary in Goa, India. The Indian joint venture
partner Aquarius were convinced that the Ger-
mans had acted in bad faith.

In July of this year, reports The events at the end of July in the legal in bad faith by setting up a new subsid-
appeared in the Indian press that dispute between Aquarius Engineers iary.
an Indian company had won a Pvt. Ltd. in Pune and the German con-
crete pump manufacturer Putzmeister,
major legal battle between against which is based in Baden-Württemberg, Emotions rather than facts
a German joint venture partner. The Germany, show clearly that German- The Indian press also strongly disap-
case appeared to be clear-cut. The Indian cooperation is not always a suc- proved of the way in which Putzmeis-
High Court in Delhi set a precedent cess story. In the legal battle between ter has treated Aquarius. The reports
which strengthens the position of the two companies, the High Court in claimed that the German company
Indian companies in their relation- Delhi handed down a decision relating wanted to sideline its Indian partner
ships with foreign companies. How- to the wholly-owned subsidiary Dyna- once its products and brand had been
jet Machinery India Pvt. Ltd. which successfully established in the Indian
ever, closer scrutiny reveals that the
the Putzmeister Group set up in Goa in market. Following the pronouncement
judgement is not as straightforward 2005 and which now operates under the of the judgement by the High Court on
as the press reports imply. The only name Putzmeister Concrete Machines July 1st, the press reported that justice
thing that is certain is that India Pvt. Ltd. Aquarius claims that Putz- had been done in this “David vs. Goli-
will lose significant investment, meister failed to comply with Press Note ath” legal wrangle. This at any rate was
and foreign investors will have to 1 which stipulates that foreign inves- the view which was expressed in some of
continue to live with a gray area of tors who entered into joint ventures the Indian daily newspapers. The actual
Indian law. prior to 2005 must obtain consent from judgement is however far less clear-cut
their Indian partner if they intend to set than some of the reports would lead us to
Photo: Putzmeister

up another company in the same field. believe. Contrary to what has been writ-
Aquarius and Putzmeister agreed to set ten in the newspapers, no penalty was
up a 76:24 joint venture under the name imposed. Putzmeister merely has been
Putzmeister India Pvt. Ltd. The Indian required to pay the court costs amoun-
partner believes that Putzmeister acted ting to 100,000 Indian rupees, half going

22 Germany Contact India September 2008

GC India_3_VW.indd 22 24.09.2008 15:41:44 Uhr


Economy & Business

to the Indian government and the other subsidiary is actually selling the same nion, the verdict in the Putzmeister case
half to German-Indian joint venture. products as the former joint venture. shows that decisions made by the Indian
The court also did not make a fi nal deci- This in turn determines whether Press authorities will only be subject to judi-
sion relating to the Putzmeister Group’s Note 1 even applies. The July judgement cial review in extreme cases. According
subsidiary which is the source of the does not clarify any of these issues, so to Podehl, the courts give the authori-
controversy. The judgement only makes there can be no question of victory or ties plenty of discretion. There are also
it clear that the automatic approval defeat. a number of legal terms which are not
route for investment, which was used by clearly defi ned. Even a term like “joint
the Indian authorities, did not conform venture” is not precisely defi ned in law.
to the legal requirements laid down in Penalized for early market entry In Podehl’s opinion, previous decisions
Press Note 1 and was thus in violation However, Putzmeister’s image has taken made by the authorities (FIPB) do not
of regulations governing direct foreign a significant hit. von Baer rejects allega- bode well for Putzmeister as the legal
investment. Instead, approval to set up tions which appeared in the Indian press battle unfolds. The case of the Indian
the company should have been obtai- that Putzmeister abandoned its Indian company Modi Rubber Ltd. vs. Guardian
ned fi rst from the Foreign Investment partner after the German company had Industries Corp. of the US shows that
Protection Board (FIPB) and the Project improved its market position. “To serve engaging in litigation in India is not a
Approval Board (PAB), which is a more its own interests, our Indian partner rewarding experience.
lengthy process. This led the Times of blocked investment and the further Podehl regards this whole issue as
India on July 29th to shift the main development of the joint venture.” In the a gray area of Indian law and advises
criticism to the Reserve Bank of India meantime, a German competitor was foreign companies to seek out-of-court
which according to the paper had been massively ramping up its market share settlements and engage in patient nego-
too lax in its scrutiny and has failed to in India. Moreover, since the dissolution tiations with their Indian partners. “No
use its authority to bring foreign inves- of the joint venture, Aquarius has incre- Objection Certificates” (INOCs) can help
tors before the FIPB. ased its turnover despite competition improve the negotiating position when
from Putzmeister and the other compe- the joint venture agreement is drawn
titor. The German company’s Managing up. At any rate given the current situ-
Endless legal wrangling with win- Director believes that the underlying ation, the David vs. Goliath analogy is
ners and losers issue behind the current litigation is the hardly appropriate for the legal battle
However, Putzmeister did suffer a set- strict and unreflective interpretation of between Aquarius and Putzmeister, at
back in one major point. The company Press Note 1. “The Indian government least not until further judgements have
had argued that at the time when the is trying to attract foreign companies been handed down.
application was submitted, the joint and expertise and ensure fair treatment Christian Müller
venture has already been dissolved in compliance with WTO rules. At the
and Press Note 1 (January 12th, 2005) same time, however, early entrants to
was therefore not applicable because the Indian market, who are now ready to
the joint venture no longer existed. The make major additional investment, are Putzmeister Holding GmbH
verdict states that “Putzmeister engaged being penalized.” Press Note 1 applies > Founded: 1958
itself in ill-advised litigation”. In Point to investors who signed a joint venture > Company headquarters: Aichtal, Baden
1 of the judgement, the Court points agreement prior to 2005. “Once a foreign Württemberg, Germany
out that it is not prepared to allow itself company is involved in a joint venture, > Employees worldwide: 3,871 (2007)
to be drawn into a re-interpretation of according to the current interpretation > Turnover: 1,009.7 million euros (2007)
Press Note legislation. “There is no sug- of Press Note 1 the Indian partner can > Products: concrete pumps, mortar
gestion that the interpretation adopted decide whether the foreign investor will machines, high density solids pumps
by the government is discriminatory, or ever be able to operate independently in & pipelines; during construction of the
male fide, or in any manner illegal, as the Indian market.” von Baer is not alone world’s tallest building in Dubai, a
opposed to provision of law.” in voicing this criticism. In its online Putzmeister concrete pump achieved
At Putzmeister headquarters, which edition of July 21st, the Economic Times a world record delivery height of
is located near Stuttgart in Germany, India argued that Press Note 1 could 601 meters.
company officials do not see the verdict potentially be abused by the Indian joint
as a major setback. Ralf von Baer, Man- venture partner. It is questionable whe-
ther the government would approve the
Aquarius Engineers Pvt. Ltd.
aging Director of Putzmeister Holding, India
takes the following view: “The current establishment of a new company. The
newspaper argues that “foreign part- > Founded: 1981
legal proceedings have made it clear
ners should be free to go ahead with the > Company headquarters: Pune
that the Indian government has not ade-
new joint venture.” > Employees: 115
quately reviewed our multi-million euro
> Turnover: 4.65 million euros (2007)
investment.” The outcome of the actual
disagreement surrounding the wholly- > Products: concrete pumps,
owned subsidiary is still open. Putz-
Drinking tea is better than asser- batching plants; Aquarius supplies the
meister is currently involved in nine ting your rights Indian market and exports to neigh-
legal disputes with Aquarius. Among Jörg Podehl from the solicitors fi rm bouring countries. The largest projects
other things, Aquarius does not accept Peters Rechtsanwälte is the author of which the company is involved in are
the decision by the German company to a standard text on the legal aspects of the the Delhi Metro Rail Project, the
sell its stake in the joint venture, even doing business in India. He believes Mumbai Pune Expressway and a number
though Baer claims this was covered by that Press Notes 18/1998 as well as 1 of construction projects in the energy
the joint venture agreement. The two and 3/2005 still severely restrict the
parties also disagree whether the new rights of foreign investors. In his opi-

Germany Contact India September 2008 23

GC India_3_VW.indd 23 24.09.2008 15:41:49 Uhr


Economy & Business

The backbone of the


German economy
Family-owned firms in Germany

By Frank Wallau EU uses different criteria. Since Janu-


Proportion of family-owned
ary 1st, 2005 SMEs have been defi ned
as companies which: companies in Germany 2005
The vital importance of SMEs and
family-owned companies to the a) do not have more than 250 em- Companies Turnover Employees
German economy is well known. ployees
Particularly in the age of the global b) do not have more than 50 million euro
economy and large multinationals, annual turnover or which have total
firm roots can be a distinct advan- assets less than 43 million euro.
tage. Managers of family-owned c) are (largely) independent. Family-owned companies in %

companies have the flexibility Companies which belong to corporate


to respond quickly as the world groups are not SMEs, because they fail Source: German Federal Statistical Office, various
around them continues to change. to meet the independence test. statistics, IfM estimates
In contrast to SMEs, the defi nition
of family-owned companies is based
on qualitative criteria without refer- Proportion of SMEs in
The German term “Mittelstand” is often ence to size. The convergence of own- Germany 2007
used as a synonym for SMEs (small ership and management characterizes
and medium-size enterprises). It is true this group of companies. The owner or Companies1)2) Turnover1)2) Employees3)
that many SMEs are also family-owned a member of the owner’s family man-
(Mittelstand) companies, but the actual ages the company. Because the same
defi nitions differ. The term SME is person is making the management and
based on quantitative criteria. A com- ownership decisions, the company can
pany is assigned to a particular cate- respond quickly to the changing busi- Company Net value add
gory based on the number of employees ness environment. trainees3) by the companies1)2)

and/or the size of the company’s turn-


over. Other criteria including value-add,
The economic importance of
total assets or equity capital could also
be applied. In contrast to this defi nition, family-owned companies
Percentage SMEs
ownership structure is the differentiat- Data which is currently available based
ing feature of family companies, creat- on the German Registry of Companies
1)
ing a distinction between SMEs and this shows that there were about 3.47 mil- SME definition based on turnover
2)
type of company. lion companies in the country in 2005. 2006 figures
3)
The IfM institute in Bonn defi nes These companies had a total turnover of SME definition based on number of employees
SMEs as companies with fewer than 500 4.4937 trillion euro, and the 3.46 SMEs
Source: German Federal Statistical Office, German
employees or 50 million euro turnover. accounted for 1.8186 trillion euro of that Labour Market Authority, IfM figures 08-2008
However based on a recommendation figure. According to IfM estimates, the
issued by the European Commission, the number of companies has now risen to
3.6 million, primarily because in recent
years the number of new company reg-
istrations has exceeded the number of of all persons who were are required
companies that have shut their doors. 95 to pay social insurance contributions.
per cent of these fi rms have the conver- Family-owned companies are particu-
gence of ownership and management larly diligent in meeting their respon-
which is characteristic of family-owned sibility to provide vocational training.
companies. Only 0.3 per cent of compa- 83 per cent of vocational training in
 About the author nies in Germany are large companies.
Dr. Frank Wallau is Managing Director of the
Germany is provided by SMEs. These
Around 99.7 per cent of all companies companies also accounted for 47.2 per
Photo: OWC

IfM institute in Bonn, which conducts research


on SMEs and family-owned companies in Ger- in Germany were SMEs. These fi rms cent of total net value add.
many. He is also a professor at the University of accounted for 38.3 per cent of total According to IfM estimates, 95.1
Business Studies (FHDW) in Paderborn. turnover, and they employ 70.6 per cent per cent of all companies in 2005

24 Germany Contact India September 2008

GC India_3_VW.indd 24 24.09.2008 15:41:51 Uhr


Economy & Business

were family-owned companies. They whereas the total number of VAT-regis-


employed 57.3 per cent of the total work- tered SMEs only increased by twelve per
force nationwide, and they accounted cent during the same period. This means
for 41.5 per cent of total turnover. that an increasing number of SMEs have
expanded their activities beyond the
country’s borders during the past ten
Internationalisation of German years. The VAT statistics also provide
family-owned companies information about SME export turnover
SMEs tend to have a regional horizon. in 2006. Exports by the approximately
An analysis of VAT statistics provides 353,000 companies amounted to 920.9
detailed information about the export billion euros, which is equivalent to
activities of German companies. In 2006, about 18.7 per cent of total turnover by
345,000 SMEs (turnover less than 50 all companies. 345,000 SMEs achieved One out of nine companies in Germany is
million) were active in export markets. an export turnover of 185.4 billion euro, active in the export market. Pictured: Feig
This means that 98 per cent of expor- which was 9.8 per cent of total SME tur- Electronic Ltd. based in Weilburg.
ters are SMEs. It is also remarkable that nover. To put it another way, one six of
even small companies are very active in total turnover by all companies and one
international markets. There are around tenth of total turnover by SMEs is achie- ny’s borders including company sales/
257,000 exporters which have a turn- ved in export markets. Many family- service centres, equity holdings, joint
over of less than two million euro. One owned companies, especially those in ventures or company production facil-
out of nine companies in Germany is the industrial sector, are export cham- ities. Direct investment is often made
active in the export market. This figure pions meaning that their export quota is to protect existing export markets or
may at fi rst not seem very high, but it is greater than 50 per cent. to penetrate new markets. This means
important to remember that these stati- Unfortunately, government statis- that exports are an important economic
stics include all companies in the coun- tics do not provide any information factor for German family-owned com-
try including pubs, restaurants, beauty about other forms of internationalisa- panies. Many of these companies have
salons, car repair shops, small retailers, tion apart from exports, for example already taken up the challenge of pro-
etc. which are normally only active in contract manufacturing, international gressive globalisation and are actively
local or regional markets. A ten-year partnerships or company service/pro- exploiting their opportunities in world
comparison between 1996 and 2006 duction facilities outside the country. markets.
shows clearly that the number of VAT- According to IfM estimates, more than
registered SMEs which are active in the 100,000 family-owned companies have CONTACT
export market has risen by 21 per cent made direct investment beyond Germa- www.ifm-bonn.org

Your Gateway to “Training – Made in Germany“


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info@imove-germany.de | www.imove-germany.de/english

Germany Contact India September 2008 25

GC India_3_VW.indd 25 24.09.2008 15:41:52 Uhr


Law

M&A in Germany: The


Legal key aspects for successful public and privat M&A
By Stephan Ulrich The German govern-
ment may create an
obstacle for inves-
In anticipation of the continuing tors from countries
increased interest of Indian com- outside the EU if
panies in investing in the German they target a share
market and in German companies, of more than 25
it is essential to be familiar with the per cent. Pictured:
Precision Forge in
different possibilities and the legal Duisburg acquired by
circumstances of acquisitions in Sona from Thyssen-
Germany. Krupp in 2007.

The German legal system is based on provides a fi xed number of corporate from notification. The Commission will
the freedom of trade doctrine, which in forms, such as the German Limited clear unproblematic cases within 25
principle enables foreign investors to Liability Company (Gesellschaft mit working days from notification, whilst
acquire and operate businesses in Ger- beschränkter Haftung, GmbH), the in problematic cases it requires an addi-
many without a licence (except in spe- German Stock Corporation (Aktienge- tional period of 90 working days. Usu-
cial cases such as lotteries etc., which sellschaft, AG), the Limited Partnership ally, cartel clearance is requested in an
are regulated in the Industrial Code). (Kommanditgesellschaft) and various interim period between signing and
The legal framework of mergers and other forms of partnership. In addition, closing of a transaction, although pre-
acquisitions contains some specific fea- since October 2004 the European stock signing clearance is available.
tures, especially in the sector of public corporation (Societas Europea, SE) has
M&A, in order to assure the effectual been accepted throughout the Euro-
and comprehensive protection of con- pean Union. All forms of company may Public M&A
sumers and minority shareholders. The become the target of a private share or If the target company is a German or
European Union does not yet provide for asset deal. European stock corporation and is pub-
a common European Contract Law, but More and more, sellers tend to struc- licly listed, it is necessary to comply
only for punctual unification due to the ture a disposal of a company like an with the regulations of the German
implementation of the EU directives into auction sale. The competitive situation Takeover Act (Wertpapiererwerbs- und
the national legislations. Therefore it is is assumed to maximise the sales pro- Übernahmegesetz) in addition to the
indispensable to consider the national ceeds for the seller, to accelerate the dis- aforementioned aspects.
regulations of the member states in case posal process and to reduce the risk that Certain requirements for public
of any investment within the European a potential buyer loses interest in the tender offers will apply, such as formal
Union. target at a late stage. requirements for the offer document,
When contemplating an acquisition the acceptance period for the offer and
of a company domiciled in Germany or the rules of conduct for the management
Options for investments in Ger- Europe, it must be considered that such board of the target company. The Take-
many: Private M&A a transaction may require approval by over Act also regulates tender offers
The takeover of private companies in the cartel authorities, i.e. either the aimed at gaining control over the target
Germany is not restricted, apart from European Commission (“Commission”) company (i.e. the acquisition of 30 per
merger control regulations and acquisi- or an authority of an EU Member State cent of the voting rights of the target
tions in the defence and cryptographic (e.g., the German Federal Cartel Office company). The consideration for these
systems sector. German corporate law (“FCO”)). Concentrations which are offers has to meet the average stock
Photo: Sona BWL Präzisionsschmiede GmbH

notifiable may not be implemented prior market price of the last three months.
to the clearance decision. Early imple- Additionally, the Takeover Act obliges
mentation can result in severe fi nes. The every shareholder gaining control over
timing of any transaction has to pro- the target company to make a manda-
vide sufficient time to prepare the rele- tory offer vis-à-vis the other sharehold-
vant fi lings by the parties and take into ers. Potential buyers have to be cautious
 About the author in respect of confidentiality when con-
Dr. Stephan Ulrich is a partner of Simmons &
consideration the relevant authorities
Simmons in Düsseldorf, Germany, in the area of deadlines for decision-making. As a rule templating public takeovers, as the deci-
mergers and acquisitions (M&A) and corporate of thumb, the FCO will clear unproblem- sion to make a public tender offer will
law, with particular expertise in advising Indian atic cases within one month of notifi- have to be immediately made public by
investors in respect of their German and Euro- cation, whilst problematic cases can the bidder, and as further insider rules
pean acquisitions. require an investigation of four months may require the disclosure. As this will

26 Germany Contact India September 2008

GC India_3_VW.indd 26 24.09.2008 15:41:53 Uhr


Law

legal inside view


impact the stock price and, therefore, during the insolvency process, but the have a very narrow scope. The Law on
the economic rationale of the deal, this success of the takeover depends on an Foreign Trade and Payments (Außen-
aspect is of predominant importance. effective and well-structured prepara- wirtschaftsgesetz) and the Regula-
Where the shareholdings of an inves- tion of the deal. tion on Foreign Trade and Payments
tor in a listed company exceed certain Depending on the timing, the best (Außenwirtschaftsverordnung) pro-
thresholds (3, 5, 10, 15, 20, 25, 30, 50, legal structures of the acquisition of a vide that participation of 25 per cent
75 per cent), the investor is subject to distressed business might be an asset or more in certain enterprises requires
notification duties. It should be noted deal, a share deal or even the acquisition prior notification of the German fed-
that these obligations are in the pro- of debt followed by a debt-equity swap. eral government. This requirement
cess of becoming even stricter. Under However, unlike in other jurisdictions, a applies exclusively to participation in
a new law, not only shares but fi nan- debt-equity swap requires the approval enterprises producing or developing
cial instruments such as options shall of the shareholder, which may not easily goods listed in annex B to the Law on
be taken into account for calculating be obtained. the Control of Weapons for War (Weap-
whether the respective thresholds are The adequate moment for the acqui- ons for War List), enterprises produc-
met (in force from March 2009 on). Fur- sition of a distressed company depends ing or developing motors and gears for
thermore, a shareholder whose share- on the circumstances of each case. It is tanks and enterprises developing cryp-
holdings in a listed company exceed possible to manage the takeover in the tographic systems. The authorities are
certain thresholds shall be obliged to pre-insolvency situation. Both asset entitled to prohibit participation only
disclose his economic aims connected and share deal may not be without risk, where necessary to protect the essential
with the acquisition of these shares (in as the buyer might assume unwanted security interests of the Federal Repub-
force from 31st May 2009 on). liability. The acquisition after fi ling the lic of Germany.
Currently, violations of notification insolvency petition but before the com- The German federal government
duties result in the loss of the sharehold- mencement of the formal proceedings has prepared a draft law regarding the
er’s voting rights only until the inves- is a second possibility. The responsible more comprehensive control of foreign
tor rectifies the position. From March court announces a provisional insol- investments which was approved by the
2009 on, the loss of voting rights will vency administrator, who is empowered federal cabinet for submission to parlia-
in many cases continue for a further six to manage the company until the formal ment in August 2008 and which might
months. proceedings commence. The provisional come into force in early 2009. This draft
A shareholder holding at least 95 insolvency administrator is not entitled law aims to make foreign participa-
per cent of the registered share capital to sell the company, except on the basis tion in German enterprises which affect
of an AG is entitled to squeeze out the of special powers granted by the court. “public safety and order” subject to gov-
remaining shareholders in return for an The latter may be an option to consider, ernmental control and potential prohi-
adequate cash compensation. Following as the business of insolvent companies bition. Contrary to present provisions,
a successful public tender or mandatory suffers the longer the process takes. the scope of the proposed restrictions is
offer, a simplified squeeze-out mecha- During the formal proceedings, the not limited to certain business sectors
nism may apply. insolvency administrator is entitled to and may apply to any foreign invest-
sell the company or parts of it (“Cherry ment from countries outside of the EU
Picking”). The purchaser is not liable for or EFTA with an interest in excess of 25
Distressed M&A – private acqui- claims against the insolvent business. per cent in German enterprises.
sition of an insolvent company Certain restructuring measures, includ- The draft law does not require prior
The takeover of a distressed company is ing the reduction of workforce, could be notification of foreign investments,
in many ways different from the invest- already completed by the insolvency but provides for a general three-month
ment in a profit-making company. administrator before the takeover. review period after the signing of a
Beside the general conditions of an An insolvency plan is a possibility to transaction. Investors will have the
acquisition, there are additional aspects deviate from the formal insolvency pro- opportunity to apply for an approval of
to be considered, as for example the ceedings on the basis of an agreement the investment upfront.
position of the insolvency administra- between the creditors and the insol- One should not assume that this law
tor, time pressure as well as the difficult vency administrator. The parties may will change the openness of the German
valuation. agree upon different criteria for the dis- market for foreign investors. I assume
The takeover of a distressed company tribution of the remaining capital or that the government will make use of
by a foreign investor is a frequently used upon specific reconstructive measures. this new instrument in some strategic
constellation. The company’s value is In conjunction with the acquisition and prominent cases, but overall in a
low, the insolvency proceedings offer of debt, the insolvency plan is also an very limited number of instances. Most
the possibility to accomplish necessary option for the foreign investor to con- M&A transactions will remain unaf-
reorganisations straightforwardly and a sider. fected.
foreign strategic investor might be able
to restructure the business on a global CONTACT
scale even better then a local partner. Upcoming restrictions on foreign Dr. Stephan Ulrich
The German Insolvency Law (Insol- investment in Germany Simmons & Simmons
venzordnung) provides certain privi- At the moment the existing limita- +49.211.47053-81
leges for the acquisition of a company tions of foreign investment in Germany stephan.ulrich@simmons-simmons.com

Germany Contact India September 2008 27

GC India_3_VW.indd 27 24.09.2008 15:41:55 Uhr


Company News

Jenoptik, Jena/Francis Klein


BASF Coatings AG, Münster Metrology joint venture established
BASF Coatings to expand
capacities in India In June, the Jenoptik Group established a joint venture with Francis
Klein, a long.standing distribution partner of the Etamic Group, which
BASF Coatings is strengthening its range of automotive industry Jenoptik acquired in the year 2006. The registered offices of the joint
products for India’s high-growth market. With further invest- venture HOMMEL-ETAMIC Metrology India Pvt. Ltd., in which Jenop-
ment in production and development work and the expansion of tik has a majority stake, are in Bangalore. Within the Jenoptik Group
its capacities at the Mangalore site, the company plans to supply the Industrial Metrology division is paving the way for the develop-
its customers promptly with locally manufactured, high-qual- ment of the Indian market. According to company statements, other
ity products and to meet the growing demands of this industry. divisions are to follow, if appropriate.
This was announced by N. J. Raju, the new head of BASF Coatings The industrial metrology joint venture will initially specialise on
(India) Private Limited. the product portfolio of the Industrial Metrology division, which is
BASF Coatings’ India operations are headquartered in Mumbai, focused primarily on the global automotive industry. It will begin
with a state-of-the-art production facility in Mangalore. In addi- operating as a sales company with five employees. Over the years it
tion, distribution and sales centers are located in Pune, Chennai will be further expanded and local added value assimilated.
and Delhi. BASF Coatings will enhance capital investment into
its Mangalore production facility, which was opened in 2004.
The plant for manufacturing state-of-the-art electrocoat paints Mindset Germany, Mumbai
(Cathodic Electro Deposition paint materials) was commissioned Cultural training for Indian
as recently as June 2007. Further expansions are planned. companies
Beginning 2008, BASF Coatings also opened a new color lab for
automotive refinish systems at the Mangalore site. With its Glas- Mindset Germany started as sibling of Berlin-based Mindset India
urit paint brand, BASF Coatings was the first manufacturer to this year in Mumbai. Mindset Germany offers cross-cultural training
launch an environment-friendly, waterborne automotive refinish and coaching for Indian companies who are investing in Germany or
paint in India. are starting joint ventures with German companies. Together with its
The automotive industry partners of BASF Coatings in India partners, Mindset Germany helps Indian companies to develop new
include TATA, Ford India, Renault Nissan, Honda Siel, Mercedes, business areas in Germany, designs tailor-made market entry strate-
Maruti and Mahindra. Motorcycle industry customers include gies and accompanies post-merger integration.
Honda, Yamaha, Suzuki, the truck manufacturer clients are Tata “We started training and consulting German companies for India with
Motors and Ashok Leyland. great success. Now as the tide is turning and more and more Indian
companies are investing in Germany, we simply had to enter the
Indian market. Having teamed up with Oban (India) located in Mum-
Lupin, Mumbai/Hormosan Pharma, Frankfurt M. bai, we are now offering our services in India,” says Sascha Bosetzky,
managing director of Mindset Germany. “Global competition is tight.
Lupin enters German market with It is the soft skills that can set Indian companies apart. Cross-cultural
acquisition of Hormosan Pharma competence is an important skill because it harmonises different
mindsets and makes entering the German market easier.”
In July, pharma major Lupin Limited acquired Hormosan Pharma, a (www.mindset-germany.in)
Germany-based company engaged in development, licensing and
marketing of a range of generics in Germany. Hormosan, which is
also a major supplier of medicines for nerve-related illnesses (CNS) Hannover Re/GIC Re
in Germany, hit a sales figure of 10.59 million US dollars for the year
ended December 2007.
Cooperation between Indian and
Seeing the acquisition as a major opportunity for synergies, Lupin German reinsurer
Chairman, Deshbandhu Gupta, said the company expects new impe-
tus from “its strengths in research and development and strong com- Hannover Re has reached an exclusive cooperation agreement with
plementary pipeline.“ He added, “This is in line with our M&A strategy India‘s government-owned reinsurer GIC Re regarding the joint devel-
to harness the potential of the leading global pharma markets. It is opment, marketing and underwriting of life reinsurance business in
our first acquisition in the important European market.“ India. The agreement came into force with retroactive effect as from
With this acquisition, Lupin, which clocks annual sales of 651.49 mil- 1st April 2008. The goal of the cooperation, which is initially planned
lion US dollars, also hopes to get around the issue of high overhead for a period of five years, is to jointly build up a profitable portfolio
costs which the top five dominant generic drug companies in the with strong growth potential in the highly promising Indian market.
German market have been grappling with. „We are delighted that we are now in a position to maximise these
“We do not have the high costs that big companies have, and with market opportunities jointly with GIC Re and are pleased to have
Hormosan we expect to get a good number of our products onto reached an agreement that is very fruitful for both parties,“ stated
the list of drugs recognised by insurance companies in Germany,“ Wolf S. Becke, CEO of Hannover Life Re. „While Hannover Re will
explained Kamal Sharma, Managing Director, Lupin. enjoy faster access to the vigorously expanding Indian market, GIC
Photo: Hamburg Süd

The German pharmaceutical market is segueing from a high-cost, Re – which has its roots in non-life reinsurance – will profit from our
patented or authorised generic market to a low-cost model. long-standing expertise in life reinsurance and can utilise Hannover
Lupin acquired a significant majority stake in Kyowa Pharmaceutical Life Re‘s international network.“ The two companies will operate on
Industry, a leading Japanese generics company in October 2007. the Indian market as equal partners and will underscore their coop-
Source: IBEF eration with joint marketing activities.

28 Germany Contact India September 2008

GC India_3_VW.indd 28 24.09.2008 15:41:56 Uhr


Company News

By way of further support, Hannover Re is also planning to establish “Our aim at SMM India is to give our customers from the shipbuild-
a service company in Mumbai, although Indian business will continue ing and marine equipment industry concentrated access to the Indian
to be underwritten from the company’s Home Office in Germany. market,” says Bernd Aufderheide, Chairman of the Management Board
The representative office, which is currently still in the establishment of HMC, explaining the brand extension of the SMM, “and at the same
phase, is expected to commence its business activities in the autumn time it should give regionally active Indian companies easier access to
of this year. It is intended to enhance Hannover Re‘s sales prospects the global market for shipbuilding and marine technologies”.
and client support capabilities in the Indian insurance market.

Hamburg Süd
Jaya Hind Industries Ltd., Pune/KS Aluminium- Hamburg Süd with new liner
Technologie AG, Neckarsulm
service between Asia and
KS Aluminium-Technologie to
India/Pakistan
operate on the Indian market
Jaya Hind Industries Ltd in June. The deal covers the development
and production of cylinder heads, engine blocks, bedplates and other
castings destined for national and international auto manufacturers
and auto industry suppliers.
A prototype aluminum engine block for Ford is the first order to be
shipped out as early as the latter half of the year. The two partners
will be supplying the engine block, the cylinder head, and the bed-
plate. Additionally, the two companies are currently working together
on engine blocks for a variety of other customer projects.

Piramal Healthcare/PlasmaSelect AG, Munich


Piramal Healthcare acquires
Haemaccel brands group of
PlasmaSelect AG
Piramal Healthcare Limited and part of the Piramal Group signed a
definitive agreement with PlasmaSelect AG, Germany (“PlasmaSe-
lect”), to acquire PlasmaSelect’s polygeline-based blood plasma
products marketed under the brand name “Haemaccel” in over 38
countries. The deal was complete in July this year. In addition, Plas-
maSelect also markets the product under the brand name “Emagel”
in Italy and “Solucel” in Venezuela. This acquisition is intended to
bring global leadership to Piramal Healthcare’s polygeline-based
blood plasma expansion products. Piramal Healthcare currently mar-
kets the products under the brand name “Haemaccel” in India and
under the brand name “Haemageline” in 17 other countries.

HMC, Hamburg
SMM in India for the first time in Hamburg Süd launched a new service between Asia / Far East and
India / Pakistan with simultaneous sailings from Port Kelang and
2009 Shanghai on 11 July 2008.
The new, weekly fixed-day service comprises two slings and provides
HMC (Hamburg Messe und Congress GmbH) will launch its flagship
direct connections between PR China / Hong Kong / Taiwan and India
fair SMM, the world’s premier shipbuilding exhibition, in India from Subcontinent. At the same time, this means that, with the recently
2009 onwards. That is the second SMM event abroad, following the restructured EPIC Service (Northern Europe – Mediterranean Region,
introduction of SMM Istanbul (21st to 23rd January 2009). The first Middle East, India / Pakistan), the shipping group‘s links from and to
SMM India will be held at the Bombay Exhibition Centre in Mumbai India are being further expanded. In addition, this new service also
from 28th to 30th October 2009. The new shipbuilding fair is ac- ensures good onward connections to Australia, New Zealand and the
companied by a conference. HMC has enlisted the support of two Pacific coast of South America.
partners – E. J. Krause & Associates, Inc., the American events special- Sling 1 has the following port rotation: Shanghai – Ningbo – Hong
ist, and INTER ADS Exhibitions Pvt. Ltd., one of the largest Indian fair Kong – Singapore – Port Kelang – Nhava Sheva – Port Kelang – Sin-
organiser. The two partners will jointly organise the first Port & Ship gapore- Hong Kong – Shanghai.
International India 2008 (PSI) from 23 to 25 October 2008 in Mumbai, In Sling 2 the port rotation reads: Port Kelang – Singapore – Colombo
with the support of HMC for a delegation and national pavilion for – Karachi – Mundra – Tuticorin – Port Kelang.
German companies. Next year PSI will be combined in the concurrent In this sling Hamburg Süd is providing one vessel with a slot capacity
fairs SMM India and Port International India. of 1,500 TEU.

Germany Contact India September 2008 29

GC India_3_VW.indd 29 24.09.2008 15:41:58 Uhr


Last Page

A helping hand for


the poorest
The German Andheri-Hilfe Organization offers
development aid in India
Nearly every other person in India
and Bangladesh is classified as
poor. The impact is far-reaching:
low and unsteady income, wide-
spread illness, low levels of edu-
cation, low self esteem, social
isolation, insufficient/insecure
assets and very high susceptibility
to crises. However, poverty is not a
destiny – poverty can be overcome.
This basic belief drives the work of
the Andheri-Hilfe Organization,
which has been active as a non- Andheri-Hilfe gives out microcredits as well as working to implement and accompany aid
government organization in India projects. In the picture: a girl with her own sewing machine financed by a microcredit.
since 1967. A boy training to be an auto mechanic.

It developed out of a private initiative uation and the recognition of human Hilfe Organization sponsors projects
to help needy and suffering children rights in India and Bangladesh, regard- for street children and children’s work-
in Andheri near Bombay, and has been less of religion or caste. To ensure that ers. Wherever possible, children should
operating as a non-profit organization this development is sustainable, great grow up in their family, attend school
since 1967. The aid focuses mainly on value is placed on the ability of people and learn a trade in order to improve
social work, education and health as well to help themselves. their prospects. Their parents are helped
as agricultural and rural development. Andheri sponsors projects in social to fi nd alternative sources of income,
The Andheri-Hilfe Organization tries to work, education and health, as well as so that they are no longer reliant upon
give ‘help to self-help’, in order to avoid agricultural and rural development. their children’s work for survival.
establishing new dependencies or pre- Our main target groups are children, Andheri-Hilfe also supports women
serving old ones. Our work is funded by women, socially disadvantaged fami- in their attempts to improve living con-
around 20,000 private donors, groups lies and rural communities, indigenous ditions, achieve social recognition and
and companies, along with public fund- groups and people who are ostracized fi nd a voice in their family and society,
ing from the budget of the German Fed- because of disability. as they still form the largest underprivi-
eral Ministry for Economic Cooperation Our projects bring together a wide leged part of the population in India and
and Development and the Commission range of different sectors. We place par- Bangladesh. Andheri campaigns partic-
of the European Union. ticular emphasis on basic education, ularly strongly for school and vocational
The aim of Andheri-Hilfe is to make vocational training, health, rural devel- education and training for girls. Net-
a contribution to the improvement of opment, protection of resources, social working of women’s groups strengthens
the economic, social and ecological sit- development in urban areas and rede- the self esteem of the women and boosts
velopment/reconstruction projects. The their influence right up into the political
work of the organization is character- arena. In the process, the involvement
ized by close partnerships with local of men is also an important prerequisite
SPECIAL ISED L I T ER AT URE organizations and self-help groups. for lasting social change.
F OR YOUR IN T ERN AT IONAL
SUCCESS IS AVAIL ABLE Target groups CONTACT
Photos: Andheri-Hilfe/Richter

AT: As well as providing help to the origi- Andheri-Hilfe Bonn e.V.,


nal inhabitants (the Adivasi), disabled Bonn (Germany)
people and the Dalits, the Andheri-Hilfe Tel.: +49.228.671586
www.shop.owc.de Organization focuses particularly on info@andheri-hilfe.de
children, of whom it is estimated that Andheri-Trust, Tiruchirapalli
between 40 and 100 million have to Tel.: +91.431.2403965
work hard to provide their own living on andhilfe@eth.net
the Indian subcontinent. The Andheri- www.andheri.org

30 Germany Contact India September 2008

GC India_3_VW.indd 30 24.09.2008 15:42:00 Uhr


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