City of Jena successful before Thuringian Higher Regional Court

The damages case brought by investor Hubert Werner against the city of Jena in connection with the building permit for Salvador-Allende-Platz, which was originally refused and then finally granted, ended in the second instance before the Thuringian Higher Regional Court with a ruling in favor of the city. At first instance, the Regional Court of Gera had sentenced the city to pay damages by way of a so-called landmark decision for breach of official duty.

On appeal by the city of Jena, this ruling has now been overturned. In the opinion of the Higher Regional Court, a further taking of evidence during the appeal proceedings ultimately showed that it was not possible to prove that damage had been caused.

The decision is not yet legally binding. However, the appeal has not been allowed by the Higher Regional Court; the plaintiff only has the option of lodging an appeal against denial of leave to appeal to the Federal Court of Justice.