The Koblenz Higher Regional Court has ruled in the dispute between Sankt Goarshausen and the tenant of the Loreley stage. Accordingly, concerts can continue to take place on the open-air stage.
The background to this is a long-standing legal dispute between the tenant of the Loreley open-air theater and the city of St. Goarshausen as the lessor. The lessee, Loreley Venue Management GmbH, had not paid the full rent because the stage was defective. That’s why the city fired her. The district court of Koblenz had agreed with the city and sentenced the tenant to clear the stage.
OLG Koblenz: Lease reduction was justified
In an appeal, the Koblenz Higher Regional Court (OLG) has now overturned this judgment. At the end of January, the judges got an idea of the condition of the open-air stage directly on site in Sankt Goarshausen. At the on-site visit, all sides were heard again.
Expert finds defects in the Loreley stage
The Higher Regional Court had commissioned an expert opinion and therefore there are actually defects on the stage, the judges announced in their verdict. A significant reduction in the lease was therefore justified. The termination without notice by the city is ineffective and the tenant does not have to vacate the stage. According to the Higher Regional Court, however, Loreley Venue Management GmbH has to pay part of the unpaid lease.
The manager is happy with the verdict
“I am very satisfied with the verdict, even if we continue to argue with the city of St. Goarshausen.”
According to Ulrich Lautenschläger, Managing Director of Loreley Venue Management GmbH, all planned concerts can take place on the Loreley stage this year. The lease agreement with the city of St. Goarshausen will continue to exist for the time being. In addition, the city had to pay 76 percent of the legal costs incurred.
“I am very satisfied with the verdict, even if we continue to argue with the city of St. Goarshausen,” says the managing director to SWR. According to Lautenschläger, the Higher Regional Court went to great lengths in the appeal process to only assess the facts on the basis of the facts and from a contractual point of view.
Legal dispute over the open-air stage continues
The legal dispute over the open-air stage does not end with the verdict. According to Loreley Venue Management GmbH, the city of Sankt Goarshausen has filed an information suit against them. You should explain your economic situation. In addition, the city gave her notice again. According to the tenant itself, it has filed a lawsuit against the city for the fulfillment of the contract.
The mayor of the city of St. Goarshausen, Nico Busch (SPD), informed the SWR that it was not yet finally clear how the municipality would deal with the verdict. The City Council will decide at its next meeting. Before that, a lawyer would be consulted on this question, according to his response to a request from SWR.
