The regional court of Karlsruhe (Az. 20 O 42/20) dismissed on Friday after notification of the lawyers of the defendants, a so-called "pilot action" by the insolvency administrator of the insolvent container provider's P&R in full. This was challenged by one of the law firm of BKL Fischer Kühne + partners represented on the Investor received Rent and return prices of purchase.
Martin Hock
editor in the economy.
F. A. Z.last year, announced by the insolvency administrator of the insolvent P&R companies from the law firm Jaffé had, the question of whether investors rent in the four years prior to the bankruptcy filing received in the Container and the buy-back will have to pay back prices, to allow the Supreme court to clarify. The payments would hit in this case, the insolvency estate. A Supreme court decision yet.
In the proceedings before the regional court of Karlsruhe, it is the first of eight by the liquidator brought proceedings in which the judgment is given. Because of the Corona pandemic, there have been no hearings to other courts. BKL believes that the Karlsruhe method is, nevertheless, take the path to the Federal court of justice.
The insolvency administrator had challenged the payments, especially on the grounds that the investor had purchased, at no time title to the sold containers, and both the lease payments and the payment of the purchase price, free of charge.
The court, however, came to the view that the mere
the Absence of the agreed consideration does not make the performance free of charge. Even if one is Convinced that the defendant have acquired at any time property to the
containers, whether only the agreements made significantly. "One-sided Misconceptions of the recipient", in relation to the non-remuneration are to be disregarded, even if the error was caused by the debtor. The gratuitousness is not proven therefore. The question of whether German law was applicable, replied in the affirmative, the court.
