Düsseldorf District Court initiates eviction lawsuit against Fortuna-Büdchen due to inadequate termination procedures
The Düsseldorf Regional Court has dismissed an eviction lawsuit against the current operators of the Fortuna-Büdchen, a popular venue in the city, due to a procedural error in the lease termination. The court's ruling, made on June 20, 2020 (case 21 O 36/25), is not yet final.
The plot where the Fortuna-Büdchen stands is owned by the city of Düsseldorf and was leased by the current operators to the Meffe brothers under a commercial lease agreement. The lease agreement, time-limited and set to end on June 2, 2024, with a notice period of six months effective December 31, 2024, was signed in August 2017.
The current operators leased the plot from August 1, 2017, and subleased it to the Meffe brothers on December 2, 2019. However, the termination of the lease was not addressed to the Meffe brothers but to the company "Meffe GbR Fortuna Büdchen."
The court ruled that the termination was ineffective because the lease was concluded with the Meffe brothers as individuals, not with the defendant company. Consequently, the eviction lawsuit was dismissed due to this procedural error.
If the losing party wishes to appeal this ruling, they must file a written appeal within one month after receiving the written judgment, submitting to the Higher Regional Court of Düsseldorf, which handles appellate review. The appeal should focus on legal and factual errors in the Regional Court's ruling.
In many appeals on contract and lease disputes, courts particularly examine the application of law to the facts, including the validity and formal requirements for lease termination. If the appeal is unsuccessful, further appeal to the German Federal Court of Justice is only possible under limited circumstances, primarily for significant legal questions.
It is advisable to consult the detailed court rules or legal counsel familiar with Düsseldorf jurisdiction for exact filing requirements or to verify if the case involves unique local practices.
The Meffe brothers, who subleased the plot where the Fortuna-Büdchen stands, are currently involved in a business dispute regarding their investing in the real-estate venue. If they choose to appeal the court's ruling, they must concentrate on the legal and factual errors in the termination of the lease agreement, understanding the intricacies of finance and the law surrounding lease termination in the city of Düsseldorf.
