Controversial company bankruptcy
In 1961, the company was forced into liquidation by creditors. Carl Borgward died in July 1963, still insisting the company had been technically solvent. This proved to be true in the sense that after the creditors were paid in full, there was still 4.5 million Marks left over from the business.[9][10]
Reports of difficulties at Borgward surfaced in an article that appeared in Germany's news magazine Der Spiegel on 14 December 1960.[11] A Spiegel article was highlighted by means of a picture of Borgward, cigar in mouth, on the magazine's front cover. It was strongly critical of his business approach, and included many of the arguments later advanced to explain or justify the company's demise. The widest range of cars from any manufacturer in Germany, produced by three till recently operationally autonomous companies (Borgward, Goliath and Lloyd) was supporting a turnover of only 650 million Marks, placing the overall sales value from the combined Borgward auto businesses only in fifth position among Germany's auto-makers. The 70-year-old Carl Borgward's "hands-on" insistence on an increasingly manic proliferation of new and modified models featuring adventurous, but under-developed technological innovations (fast manisch[e] Konstruierwut (near manic design frenzy)) gave rise to components which too often did not work, broke down or fell apart, resulting in massive bills for pre-delivery remediation and/or post delivery warranty work that found their way back to the company.
The December 1960 Der Spiegel article was not the only serious public criticism targeting Borgward at this time: suddenly stridently negative (if more succinct) comments also turned up in the mass-market Bild newspaper and in television reports. Critical media commentaries also appeared concerning large loans to the Borgward Group provided by the local Landesbank.[12]
It is apparent that the business was confronting cash-flow difficulties at the end of 1960. Capital intensive businesses such as auto manufacturing use their expensive machines and tools most efficiently if they use them constantly at full capacity, but the car market in Europe in the 1950s/60s was more seasonal than today, with sales diminishing in Winter, then peaking in the early summer months: Borgward's inventory of unsold cars at the end of 1960 was higher than usual, reflecting ambitious growth plans, most obviously in respect of the United States market[13] The December 1960 Der Spiegel article speculated that of the 15,000 Borgward cars ordered by the North American dealers in 1960 (and of the 12,000 delivered to them) 6,000 might have to be taken back following a slump in North American demand. (Borgward was not the only European auto maker hit by a North American slump in demand for imported cars during 1960. In the same year two ships carrying Renault Dauphines were turned back in mid-Atlantic because the docks in New York were overcrowded with unsold Dauphines.[14])
At the end of December 1960 Borgward approached the bank for a further one million Marks of credit, the loan to be backed by a guarantee from the Bremen regional government which initially the Bremen senators agreed to provide. However, following the flood of critical press comment the senators withdrew their guarantee. They now required Carl Borgward to pledge the company itself to the state in return for the guarantee. After a tense 13-hour meeting widely reported in a still hostile media, Borgward agreed to the senate's terms on 4 February 1961, thereby averting the bankruptcy of the business.[15]
The Bremen Senate also insisted on appointing its own nominee as chairman of the company's supervisory board. The man they chose was Johannes Semler whom reports generally describe as a "Wirtschaftsprüfer" (public auditor),[16] though this designation, especially once translated into English, does less than full justice to the breadth of Semler's career. He had studied law at university and worked initially as a lawyer. The scion of a leading Hamburg political family, in 1945 he had himself been a founding member of the centre-right CSU party, and was a member of the Bundestag between 1950 and 1953. Despite his Hamburg origins, Semler was by this time based in Munich, with a network of contacts in the Bavarian establishment that probably included fellow CSU politician and the future German chancellor, Ludwig Erhard, who in 1948 had succeeded Semler in a top administrative position within the Bizone. The appointment of Johannes Semler as the representative of the Bremen senators to chair the Borgward supervisory board would, in retrospect, contribute to the controversy that followed the Borgward bankruptcy.[17]
On 28 July 1961, Semler, as chairman of the supervisory board, joined the directors of the three companies Borgward, Goliath and Lloyd to instigate proceedings for the establishment of a "Vergleichsverfahren", which would have provided for a court sanctioned scheme of arrangement enabling the business to continue to trade while at the same time protecting the interests of creditors.[18] Two months later, however, in September 1961, the Borgward and Goliath businesses were declared bankrupt, followed in November by the Lloyd business. Subsequent "conspiracy theorists" have suggested that Semler, for reasons of his own, never had any intention of allowing the Borgward auto-businesses to survive.[19]