Leipzig — 09.08.2021 — In the dispute for damages of the towing company Auto-Bastian GmbH from Limburg, represented by abante Rechtsanwälte, due to an unlawful blocking of the police headquarters Westhessen between November 2019 and March 2020, it goes after an initial success for the plaintiff side before the Regional Court Wiesbaden (judgment of 25.03.2021, Az.: 3 O 2397/20) now before the Higher Regional Court Frankfurt a.M. (Az.: 11 U 39/21).
The managing director of Auto-Bastian GmbH, Mr. Bastian, was exposed to physical attacks by the two vehicle owners in the course of a towing operation at the beginning of November 2019. The passenger car, which had been taken to the premises of Auto-Bastian GmbH during the night, could only be released to the vehicle owners in the early morning hours in return for the initially refused payment and with the involvement of officers from the Medenbach police highway station. This was followed by an exclusion from the award of police towing measures.
Wrongly, as the Wiesbaden Regional Court ruled in the subsequent preliminary injunction proceedings (decision dated April 17, 2020, ref.: 9 O 587/20). The resulting financial damages of Auto-Bastian GmbH were therefore asserted by attorney Grahl of abante Rechtsanwälte before the Wiesbaden Regional Court. Following the argumentation based on public procurement law, the Regional Court awarded Auto-Bastian GmbH damages in the five-digit range. Against this the deplored country Hessen put in appeal, how woman barrister Grahl communicates. A decision in the matter is still pending.