Procedures are being modified. - Dispute lingers on regarding the coastal campsite in the dunes.
Around 37 minutes into the hearing in Courtroom G1 of the Stralsund District Court, the judge expressed disappointment: " Unfortunately, an amicable settlement couldn't be reached." The state of Mecklenburg-Vorpommern and Regenbogen AG, a holiday park operator, have been unable to resolve their disagreement over a dune camping site in Prerow on Monday. "There's a significant gap between us," stated one of the state's attorneys. June 28th has been scheduled for the court's decision.
There was no shortage of legal experience in the room that day. Mecklenburg-Vorpommern was represented by two lawyers, while the other side had three. The chamber consisted of three judges. The public interest was high, with concerned permanent campers present, eagerly awaiting news about the future of their long-established campsite, which has been around since the GDR era.
The topic of discussion was a 15-hectare section of the camping site located within the woods. On this area, Regenbogen AG, which has managed the site for 30 years, erected infrastructure such as toilets, electrical boxes, and water tap installations. The state declared the termination of the lease agreement on December 31, 2023. A new tenant has been chosen through a selection process. However, Regenbogen AG continued to use the site.
The company from Schleswig-Holstein claims that the contract is valid until 2042 and seeks compensation, including payments for recent investments in the campsite. The state is in agreement with this in general.
Regenbogen AG proposed a shorter contract term until 2028 and a compensation amount of around 16 million euros at that time. The company believes it will lose approximately 42 million euros in income over the entire period until 2042.
The state's lawyers remained firm about the contract termination's validity on Monday. There is also no alternative model. "The tablecloth has been rather torn," said one of the state's attorneys. "It's been 30 years; it's also time," the second lawyer added. The lack of common ground may be due to the financial demands. "The accounting is the main issue," the attorneys emphasized. The two parties operate in different financial spheres.
Judge Frank Bechlin, presiding over the 6th Civil Chamber, seemed unenthused on Monday. He communicated to both sides that such disputes can be astronomically time-consuming and could drag on indefinitely. "Regardless of the outcome here, it will always go to the second instance," he cautioned the parties. He urged both parties to engage in discussions with all the relevant parties, including potential mediators, in search of a resolution.
The dispute is currently consuming the resources of two district courts in Stralsund and Rostock and the Administrative Court of Greifswald. A total of four cases are being handled, including one regarding the tender process for a new tenant and various other areas. The Administrative Court of Rostock is currently addressing a clearing claim for the landing area, meaning the sand dune area where the campers are situated. The property owner is the Environmental and Nature Protection Foundation.
The situation is currently at a standstill, confessed Judge Bechlin. "It could take a long time," he considered cautiously, addressing the attorneys, "Does it need to be this way?" He suggested that the 'Lords in black robes' could benefit from the drawn-out legal proceedings. And it's typically the case that after exhausting all the instances, parties finally gather around a table and endeavor to find a solution. Could that happen now?
