Wednesday, 02 May 2012 00:00

Berlin: Building Freeze For Climbing Center Of DAV Section Berlin

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Berlin: Administration Court Stops Construction of The German Alpine Club (DAV) Climbing Center


05/02/12: Berlin: According to an urgent decision of the administrative court Berlin chamber 20 the German Alpine Club Section Berlin is not allowed to build or use a climbing center in Berlin-Mitte.

 


The Berlin section of the German Alpine Club is planning the construction of a climbing center in Berlin-Mitte. The therefor selected site in Lehrter Straße is provided by the District Administration Berlin Mitte under reference to the sports advancement law for a much lower rent then customary in the particular market (annual 1.132,92 Euro). The operator of a commercial climbing hall turned against this decision of the district administration, with the statement to pay a monthly rent of 17.500 Euro. She claims that the advancement for the Alpine Association is against EU subsidies law.


The chamber of the Administrative Court followed this position and gave the advice to the District Administration to impose a stop of work for the climbing center against the German Alpine Club. The petitioner, which is in a direct competition situation to the German Alpine Club, has the right of the consideration of the EU implementation ban. This means that a subsidy not applied to the European Commission cannot be given. According with the view of the 20th chamber many facts support the existence of a subsidy. The chamber states that it is not important whether the purpose of the German Alpine Club is commercial or not; the climbing center would not be a social facility without connection to the market. This causes that the DAV is a company that provides a service. The given subsidy is also able to influence the competition, because an analysis of the market shows the potential of a price war. Finally the state financed advancement of the German Alpine Club would also be able to impact the trade between the EU member states even if the DAV is not directly acting cross-border.


The German Alpine Club Section Berlin can appeal to the higher Administrative Court Berlin-Brandenburg.

 

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