Press release: Com­pen­sa­tion for dam­ages due to unlaw­ful award­ing of tow­ing mea­sures by the police

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.