Justice - Last generation: authorities confiscate too much money
Around 725,000 euros too much have been confiscated as part of the Bavarian investigation into Last Generation activists. The money belonged to other customers of a financial start-up. A spokesperson for the court announced that the Munich Regional Court had classified the confiscated sum as disproportionate. This was previously reported by "Zeit Online".
The background: the activists had invested around 70,000 euros with the start-up Elinor. The company offered so-called group accounts, for example for choir groups, according to the founders. The money is not held in a separate account, but is only virtually allocated to the respective group as a credit balance. As part of the investigation into Last Generation, the authorities confiscated almost 800,000 euros from Elinor, a large proportion of the assets according to the company.
Decision came too late
The company appealed against this - with success. In the court's view, the other customers' interest in being able to dispose of their money prevailed. The confiscation of the entire amount was disproportionate. On December 7, the regional court partially overturned the Munich district court 's decision from May. Start-up founder Lukas Kunert said: "The decision strengthens our trust in the rule of law. Unfortunately, however, it was too late for the many groups that were already using Elinor." The company was therefore forced to cease operations.
Elinor stated that it had already terminated the Last Generation group account in March 2023 due to its "divisive effect".
The Munich Public Prosecutor General's Office is investigating climate activists from the Last Generation on suspicion of forming a criminal organization. During a raid in May, numerous officers searched properties in seven federal states.
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- Despite the Munich Regional Court determining that the confiscation of over 725,000 euros from Last Generation activists was disproportionate, the decision came too late for Elinor, as the company had already ceased operations due to financial strains caused by the initial confiscation.
- The Bavarian authorities' confiscation of almost 800,000 euros from Elinor, which was used to fund Last Generation activities, was condemned by the Munich Regional Court as excessive, affecting the rights of other customers of the financial start-up.
- In light of the disproportionate confiscation of funds from Last Generation activists, Germany's Munich Regional Court overturned the initial decision made by the district court in May, defending the rights of innocent customers of start-up Elinor.
- The confiscation of funds from Last Generation activists by authorities in Bavaria was widely criticized, as it led to the closure of Elinor due to financial instability, affecting numerous choir groups and other customers that relied on the group accounts provided by the start-up.
- Following the disproportionate confiscation of funds from Last Generation activists by authorities in Bavaria, the Munich Regional Court recognized the need to protect the rights of innocent bystanders, such as the other customers of the financial start-up Elinor, and overturned the initial decision made by the district court.
Source: www.stern.de
