Those entitled to fish can only claim compensation for the restrictions on their fishing opportunities caused by jetties if these restrictions are "substantial". The Federal Court of Justice has decided in several proceedings against judgments of the Potsdam Regional Court, which were initially issued against water sports clubs that were claimed.
In a corresponding press release from the German Sailing Association it continues:
In this way, lump-sum claims for compensation against sailing clubs for the mere existence of their jetties on a water body used for fishing were rejected. In the cases referred back by the BGH, the Potsdam Regional Court ruled that no "significant impairment" has yet been reached if only around 16 percent of the possible shoreline trap spaces in the entire fishing district have been lost due to jetties or other bank developments.
The German Sailing Association presented the current state of the case law as well as argumentation aids for water sports clubs in a joint information event with the state sports federations and state sailing associations for Berlin and Brandenburg on March 5, 2008 in Berlin.
In a large number of cases, fishing cooperatives and individual fishing rights holders had flat-rate compensation payments of 0.51? up to 0.53? Requested by the pier owners or leaseholders per square meter of pier. The German Sailing Association has compiled the case law chronology and an aid to argumentation for affected water sports clubs, which can be requested from the DSV office - Law, Environmental Protection and Regional Planning Department -, Gründgensstrasse 18, 22309 Hamburg.