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In a statement, the Brazilian aircraft manufacturer said that it "will take all necessary legal steps to have the preliminary injunction granted by the 24th Federal Civil Court of São Paulo annulled."
Judge Victorio Giuzio Neto suspended the merger after badyzing a popular action by the federal representatives Paulo Pimenta (PT-RS) and Carlos Zaratini (PT-SP). The decision is Wednesday (5).
"I am partially opposed to the injunction, provisionally and preventively, to suspend any concrete effect of a decision of Embraer's Board of Directors, based on the segregation and transfer of the commercial part of Embraer to Boeing through a joint venture to create, "the judge said in the decision.
According to the magistrate, the measure was also necessary because of the proximity of the suspension of the judiciary and the inauguration of President-elect Jair Bolsonaro, scheduled for 1 January.
The goal, explained Giuzio Neto, is to avoid concrete acts that it is impossible to reverse. However, this does not prevent companies from continuing to negotiate a merger.
In the decision, the magistrate also pointed out that in his badessment, the greatest risk is the agreement to generate an exchange of military secrets, which could undermine the sovereignty of the country.
In the notice to the market, Embraer said that the judge had partially approved the injunction, "without any hindrance to the continuity of negotiations between the two companies".
Agreement between Boeing and Embraer
In July, Boeing and Embraer signed an agreement with the Brazilian companies Embraer and Embraer. an agreement to form a $ 4.75 billion commercial aviation joint venture. In July, Boeing and Embraer signed an agreement to create a $ 4.75 billion joint venture in commercial aviation.
- Understanding why the aviation giants join
Under the agreement, the new company will resume Embraer's commercial aviation activities, as well as its activities, its services and related engineering capabilities. Boeing will own 80% of the joint venture, while Embraer will hold 20% of the capital.
The transaction still depends on shareholder approval – including the Brazilian government – and Brazilian and US market regulators. Embraer expects the company to be finalized by 2019.
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