If a property belongs to a third party and is used to promote the unconstitutional activities of an association, it can only be seized and confiscated if it can be proven that the third party acted with intent. In particular, the third party must have the intention of supporting the association's prohibited activities by transferring its property to the association. This was recently decided by the...
The Federal Fiscal Court (BFH) has clarified that the tax relief under Section 35a of the Income Tax Act does not apply to a home emergency call system without direct emergency assistance (case reference: VI R7/21). The case in question involved a home emergency call system that only provides a 24-hour connection to a service center. The plaintiff had installed a corresponding home emergency call system in her home....
An "outer area island", which is part of the settlement area, may be included in an inner development plan in accordance with Section 13a BauGB. This applies to undeveloped open spaces within a local area that were previously used as green spaces. This was decided by the Federal Administrative Court (BVerwG) (AZ: BVerwG 4 CN 5.21). In the present case, the applicant was the owner of...
The Hanau District Court recently emphasized the indivisible unity of apartment and garage when renting a property at the same time. Despite two separately signed contracts, the court ruled that a separate termination of the garage lease by the landlord is not permissible. In the case in question, a landlady had signed an apartment rental agreement and a garage rental agreement with...
Hairdressers that were closed during the first lockdown in spring 2020 are not entitled to compensation for loss of income. This was recently decided by the Federal Court of Justice (BGH) (III ZR 41/22). In this case, a self-employed hairdresser had filed a lawsuit. She claimed compensation for the six-week closure of her business as part of the fight against the pandemic...
A landlord may give extraordinary notice of termination to the partner of an original tenant if he conceals her death. This was decided by the Munich Local Court (AZ: 417 C 9024/22). In this case, the local court ordered an eviction period of several months and obliged the partner (defendant) to return the apartment. In 1975, the original tenant had...
In some cases, travelers do not have to pay for their trip if the travel agency has made gross mistakes in the planning and the trip can therefore not be continued. This was decided by the Munich Local Court (AZ: 114 C 8563/22). In this case, a family wanted to travel with their Chihuahuas in the passenger cabin from Munich via Zurich to Dubai. However, the family was denied boarding by the...
The Federal Court of Justice (BGH) will shortly be hearing a case concerning the duty of disclosure of a real estate seller during a due diligence investigation (V ZR 77/22). The focus is on the question of what responsibility the real estate seller bears for providing relevant information, in particular in the context of pre-contractual assurances about future...
According to the Administrative Court of Neustadt an der Weinstraße, owners must place their waste garbage cans somewhere other than their property if it cannot be accessed by the waste collection service for factual or legal reasons (AZ: 4 K 488/22.NW). This applies in particular if access is only possible in reverse. The reason for this is that, according to the...
The award procedure for the planning services for the new Asklepios clinic building in Hamburg-Altona can be continued with the existing award documents. This was recently decided by the Hanseatic Higher Regional Court (1 Verg 3/22). However, a re-evaluation of the bidders' final offers is required. The decision upheld an appeal by Asklepios-Kliniken in Hamburg against a decision by the...
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