Status quo BKK für Heilberufe
In January 2005, apoBank received a statement of claim from the BKK für Heilberufe. Its contents are as follows:
- The loan to the BKK für Heilberufe is said to have been illegal, so that there was no redemption claim of at least EUR 113 m.
- Damages are claimed against the Bank to the amount of EUR 391 m, since the BKK had increased its contribution rates too late because of the loan.
The Bank responded to the complaint by filing a motion to dismiss the case. The opposite side has replied with written submissions to this. The court has scheduled the first hearing for Mar 20, 2006. In summary, the following can be stated:
- The Bank is entitled to full repayment of the loans granted. The loan is based on a liquidity safeguarding agreement between the BKK für Heilberufe, the Land association of BKK NRW and apoBank. Moreover, the repayment obligation results from § 222 (5) of the Social Security Code (SGB V).
- Damage claims cannot be derived from the explanation of the case in the statement of claim.
- The Bank considers the action by the BKK für Heilberufe to be unfounded.
According to this assessment, in consultation with our auditors no provisions were made for the litigation.