Process - Dispute over dune campsite continues: verdict postponed
The Landgericht Stralsund has suspended the proceedings in the lease dispute over the Regenbogencamp known camping site in Prerow. Initially, a decision in a case before the Administrative Court of Greifswald is to be awaited, as the presiding judge of the 6th Civil Chamber, Frank Bechlin, announced on Friday: "We will not decide that yet." In Greifswald, the issue is about the 2022 asset allocation of a part of the Regenbogencamp from the Federal Government to the Land Mecklenburg-Vorpommern.
The long-standing operator, Regenbogen AG, and the Land Mecklenburg-Vorpommern could not come to an agreement at a hearing at the Landgericht Stralsund on June 6. An appeal can be filed against the suspension order, which would then have to be decided by the Oberlandesgericht Rostock.
Operator: We are open for talks
The Land Mecklenburg-Vorpommern is the owner of the part of the camping site in question. The Landgericht is to determine whether a lease contract is still valid, which the Land had terminated as of December 31, 2023. The Regenbogen AG argued that the contract ran until 2042.
"We would like to emphasize once again that we have always been open for talks and still are. This was also the explicit wish of the court. Nothing has changed in the facts, the 2024 camping season is secured for all campsites," said Regenbogen AG managing director Patrick Voßhall on Friday. The suspension of the proceedings with reference to the ongoing proceedings at the Administrative Court shows how complex the legal situation surrounding the Regenbogencamp is.
Whenever the proceedings at the Landgericht Stralsund are to be resumed, Judge Bechlin will no longer preside. The ruling on Friday was one of his last official acts, as it was his last working day before his premature retirement. Only two journalists and two permanent campers were present at the hearing besides the two. Bechlin praised the pleasant atmosphere at the oral hearing on June 3 in retrospect.
It's about millions
Before the chamber, it was about a roughly 15-hectare part of the camping site that lies in the forest. The Regenbogen AG, which has operated the site for 30 years, built infrastructure such as sanitary facilities, electrical boxes, and water outlets there. The Land terminated the lease contract on December 31, 2023. However, the Regenbogen AG did not vacate the site.
The company based in Schleswig-Holstein argues that the contract runs until 2042 and also claims compensation payments, for example, for the investments made on the camping site in the last decades. This is also a matter of principle for the Land.
The Regenbogen AG proposed a shorter contract term until 2028 and a compensation amount of around 16 million Euros at that time as a compromise. For the total duration until 2042, the company would have lost earnings of around 42 million Euros according to its own statements.
Tablecloth "relatively" cut in half
The attorneys of the state insisted during the oral hearing three weeks ago on the effectiveness of the termination. There is no alternative model. "The tablecloth is relatively cut up," said one of the attorneys for the state MV. "After 30 years, something is bound to give." The fact that no cutting area was found is likely due to the financial demands. "The accounting sheet is the problem," emphasized the second attorney for the state. We are dealing with different spheres.
The dispute currently concerns the two district courts of Stralsund and Rostock, as well as the Administrative Court of Greifswald. In total, there are four proceedings, in which, among other things, the question of the tender procedure for a new tenant and different areas is at issue. The Landgericht Rostock deals with a eviction claim for the anchorage area, i.e. the sand and dune area, where the campers are located, on October 14 in a hearing. The state-owned foundation Umwelt- und Naturschutz is the owner of the areas.
Rainbow AG
- The suspension of the proceedings at the Landgericht Stralsund in the lease dispute over the Regenbogencamp in Prerow is linked to an upcoming decision at the Administrative Court of Greifswald, which is handling the 2022 asset allocation of a part of the Regenbogencamp from the Federal Government to the Land Mecklenburg-Vorpommern.
- The Regional Court of Rostock will decide on an appeal against the suspension order if one is filed by either the Land Mecklenburg-Vorpommern or the Regenbogen AG.
- The Regenbogencamp, located in Prerow, is a camping site that has been operated by Regenbogen AG for 30 years and includes facilities such as sanitary facilities, electrical boxes, and water outlets.
- Rostock and Greifswald are two cities in Mecklenburg-Western Pomerania, with the former being the location of the Oberlandesgericht, which could potentially hear an appeal in the Regenbogencamp dispute.
- Prerow is a popular tourist destination in Mecklenburg-Western Pomerania known for its beaches and nature, making the lease dispute over the Regenbogencamp significant for the local tourism industry.
