Saturday, 07 July 2012 00:00

Berlin: Construction Of The DAV Climbing Center Permitted

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Construction Of The German Alpine Club Berlin Climbing Hall Can Go On

12/07/07, Berlin: On fifth of July the Higher Administrative Court changed  the decision of the Administrative Court Berlin that bound the District Administration to stop the construction of a climbing hall of the DAV Section Berlin (German Alpine Club).


The Berlin section of the German Alpine Club is planning the construction of a climbing center in Berlin-Mitte, therefore the District Administration, referring to the Sports Advancement Law, rented them an estate for a much lower than the usual price in this area. The Administrative Court entitled the operator of a commercial climbing hall in the point that the advancement of the DAV is against EU subvention law. They stated that the lower rent is a subvention that needs to be noticed to the European Commission before it is enforced. (Compare with the press release of the Administrative Court VG Berlin Nr. 19/2012 of May 2nd 2012 – translation here)

The 6th senate of the Higher Administrative Court Berlin declined this decision. It could be left open whether the advancement of the German Alpine Club is a subvention or not. Even if the advancement is an EU subvention there would be no obligation to notice this, based on the “De-minimis-subvention” status, because the granted advancement is below the marginal value of 200.000 Euro in three years. The court further states that the advancement is not against the rules of the Sports Advancement Law, because the climbing center is not to be used for a commercial purpose. It is planned to open the climbing center usually only for members of the German Alpine Club. But if the German Alpine Club is going to use the climbing center for a commercial purpose the normal rent has to be paid and if not a cancellation of the renting contract is possible too.

Decision from 5th of July 2012 – OVG 6 S 16.12

Source: Senate Administration of Justice press release

The Decision in first instance of the Administrative Court can be found here: Berlin: Stop of work for the German Alpine Club climbing center

Read 2117 times Last modified on Wednesday, 13 March 2013 14:58
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