Law: BGH rules on water leases

Almost all water sports clubs based on German federal waterways have had a problem for some time: the Waterways and Shipping Administration is gradually increasing the fee due for the use of jetties. Only a few clubs have put up a fight so far. 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 recent years, chairman Norbert Seidel told the "Berliner Morgenpost" - this borders on arbitrariness. The local and regional courts have already ruled in favour of the association. Yesterday, the Federal Court of Justice dealt with this issue and overturned the decision of the regional court. This means that the ball is now back in the club's court, which will also have to bear the costs of the previous proceedings and the interest for the increase in the usage fee.

"The outcome of the three-quarter hour meeting in Karlsruhe fell short of our expectations," DSV President Rolf Bähr told YACHT online. As a Berlin-based sailor himself, the lawyer has been involved in this matter for many years. "I was disappointed that the question of what actually constitutes a customary local lease was not discussed in more detail by the judges," said Bähr. You now have to Reasons for judgement which the court will send to the parties in the coming weeks.

It is already certain that the regional court will have to take another look at its own decision. The BGH has not only objected to its judgement, but will also explain in detail in the written grounds where the regional court needs to make improvements. The eagerly awaited final result on the question of an appropriate lease for jetties on federal water areas is therefore still pending.

But, according to Rolf Bähr, there are other issues in the relationship between the water sports clubs and the federal government that urgently need to be clarified. However, as no plaintiff has yet been found, this issue will probably keep the clubs busy for a long time to come.