The AN revokes the file for Alcoa and its representatives, recalling that the investigation has not ended: It is "premature"

The Chamber explains that the appellants have not been able to "propose the practice of proceedings" corresponding

MADRID, 23 Dic. (EUROPA PRESS) -

The Criminal Chamber of the National Court (AN) has revoked the provisional file agreed last July by Judge María Tardón for Alcoa and its representatives, recalling that the investigation "has not finished" and noting that they are still "pending resolve" the appearances of alleged injured parties.

In an order from this Thursday, to which Europa Press has had access, the magistrates of the Third Section explain that the dismissal issued on July 21 for Alcoa Inespal and its representatives Kai Rune Heggland, Álvaro Dorado Baselga, Ignacion León Moro and Christine Keener "proves premature."

The Chamber accepts the appeal of an accusation and explains that the appellants have not been able to date "propose the practice of investigative proceedings aimed at maintaining the accusation" of both the company and its representatives.

"For all that is appropriate, in the opinion of the Court, the estimation of the appeal at hand, and the consequent revocation of the appealed decision, due to premature, since the investigation or investigation phase is still in process, and not concluded. of the cause stemming from the lawsuit", adds the Chamber.

The head of the Central Court of Instruction Number 3 made the decision to file for Alcoa and its representatives after the company and its former workers reached an agreement by which the unions resigned from continuing to pursue criminal and civil actions against the company and its managers, although the magistrate then opted for a provisional dismissal, instead of the final one requested by the company.

Then, the instructor takes note of the withdrawal of the Confederation of Professional Cadres (CCP), CCOO of Industry, Federation of Industry of UGT and Federation of Industry of USO with respect to these four people and Alcoa, although maintaining their claims as private prosecution for the rest of defendants.

Tardón explained in his resolution that he opted for the provisional file, "taking into account precisely the procedural moment", since "the investigation has not yet been completed and it is not absolutely ruled out that the practice of new proceedings provides different elements of evidence that advise expanding the imputation of some of the persons with respect to whom there are not sufficient indications of guilt at this time".

He also stressed that, also in line with the Public Prosecutor's Office, it was a partial file because it only affected Alcoa and its four representatives, continuing the judicial inquiries for the rest of those investigated.

The unions resigned to continue exercising the accusation against Alcoa after the transaction agreement reached on May 11 by the parties, which served so that their "labor claims" were "fully satisfied", not "having anything to claim" from the company , as indicated in their letter.

The case began at the end of 2020, when CCP filed a complaint, to which the other unions later joined, for "the existence of various irregularities" in the sale of the aluminum factories in A Coruña and Avilés for an alleged breach of the agreements reached with the initial owner and with the representatives of the workers, according to the magistrate.

The judge maintains that on July 31, 2019, given the "difficult economic situation that the production centers" of A Coruña and Avilés were going through, Alcoa sold 100% of the share capital of both factories to the mercantile companies ALU HOLDING AC and ALU HOLDING. AVL, "created immediately before by its owner, the Swiss company Blue Motion Technologies AG (Parter Capital Group)".

The latter, in turn, "in a few months, and in breach of the terms of the sale agreement of July 31, 2019, sold 74.67% of the shares to the Spanish company System Capital Management, which has currently become called Iberian Green Aluminium Company, a company also incorporated immediately before the sale transaction".

"And, from the results of the investigations carried out so far, what can be deduced is that the actions that could constitute the crimes investigated up to now derive from the succession of events that take place from this second and irregular transmission of the two factories, by the Swiss investment group Parter Capital, through its investee company Blue Motion Technologies, to System Capital Management", pointed out Tardón.

On the part of the representatives, administrators and those responsible for the different areas of management, -says the instructor- "a concatenated and repeated succession of events that would have as their object the decapitalization and de-heritage of the entities and their initial assets, and their diversion and channeling, either towards their own personal patrimony, or to the corporate structures that have been configuring 'ad hoc' to seize them".