BGH Decides On Water Leases

BGH Decides On Water Leases
BGH Decides On Water Leases

Video: BGH Decides On Water Leases

Video: BGH Decides On Water Leases
Video: Original Meyer Water Fuel Cell c.1990 2024, March
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Contracts must be kept, but they must also be in line with morality and changes must be proportionate.

Almost all water sports clubs based on German federal waterways have had a problem for a long time: The water and shipping administration is gradually increasing the fee due for the use of jetties. Only a few clubs have so far resisted it. One of them is the Potsdam-based sailing club Potsdamer Adler e. V.

The legal dispute has been going on for several years and has now reached the highest instance. The fee has already been increased twice in the past few years, said chairman Norbert Seidel to the "Berliner Morgenpost" - that bordered on arbitrariness. Local and regional courts have already confirmed the association. Yesterday the Federal Court of Justice dealt with this question and overturned the decision of the regional court. This means that the buck lies with the association again for the time being, which also has to bear the costs of the previous procedure and the interest for the increase in the user fee.

"The result of the three quarters of an hour meeting in Karlsruhe fell short of our expectations," said DSV President Rolf Bähr to YACHT online. As a Berlin sailor, the lawyer has been dealing with this matter for many years. "I was disappointed that the question of what a local lease actually is was not discussed in more detail by the judges," said Bähr. One now has to wait for the reasons for the judgment, which the court will deliver to the parties in the next few weeks.

It is already certain that the regional court will have to deal with its own decision again. The BGH has not only objected to its ruling, but it will also specify in the written justification where the regional court needs to improve. The eagerly awaited final result in the question of an appropriate lease for jetties on federal water bodies is still pending.

But, according to Rolf Bähr, there are other questions in the relationship between the water sports clubs and the federal government that urgently need clarification. Since no plaintiff has yet been found, this topic will probably keep the clubs busy for a long time.

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