Dietmar Müller-Elmau fights for the survival of his Schloss Elmau, a luxury hotel in Krün, in the Corona crisis. Now he has to deal with a lawsuit.
Elmau / Munich– lord Dietmar Müller-Elmau has worries. Not only does he currently have to shut down his world-famous luxury hotel due to the Corona virus and does not know whether his company will survive the crisis: he also faces a lawsuit from the owners of two apartments. It is about the interpretation of a declaration of division, which dates from 2003.
Elmau Castle: A popular residential model for a couple from Frankfurt
A couple from Frankfurt paid a six-figure sum for an apartment. This living model is common in the hotel industry. Private individuals shop in apartments, chalets or suites and enjoy a contractually agreed right of use for several weeks (best example: Maha Vajiralongkorn, King of Thailand, currently lives in a luxury hotel in Garmisch-Partenkirchen despite the coronavirus crisis - and can also be taken out of travel do not stop). They are also involved in the return.
Elmau Castle: Plaintiffs are pretty much alone
In Schloss Elmau that is ten percent. The plaintiffs, however, think 30 percent would be appropriate. They are apparently quite alone with this, because the remaining 30 apartment owners agree with the prevailing regulation. For 42 days a year, the owners can use their apartment in the castle free of charge or leave it to friends. For the other services you have to pay separately like the guests.
Plaintiffs are not involved in investments in Schloss Elmau
This affects the booking of meals as well as the use of the luxurious spa or the library, all investments in which the owners had not been involved in the past, reports the castle owner when Tagblatt asked. "The apartments between 40 and 100 square meters are equipped with a kitchen," says Müller-Elmau. Therefore, the owners are not dependent on the hotel kitchen. According to the appraiser, the deal is very good. There is no such thing in all of Germany, quotes Müller-Elmau the expert.
No decision due to corona crisis
Nevertheless, a decision has not yet been made in the procedure that has been ongoing since 2009. The current judge Markus Preißinger considers a comparison to be the only possible solution. Müller-Elmau agrees, because the contract concluded in 2003 could be interpreted either way. He shares a friendly relationship with the other owners. In one case, however, he even had to file a counterclaim with the plaintiffs because he suspected that the owner had sublet the apartment himself, and that is illegal.
Claimant lawyer does not come into the building - he was previously skiing in Austria
In the past week, this question should be clarified at another appointment before the Munich II Regional Court, but the corona virus thwarted the continuation of the proceedings. The Munich lawyer of a plaintiff from Frankfurt did not come to the courthouse. He had been skiing in Austria twelve days earlier and had truthfully stated this on a form. This had been drafted by the President of the Munich II Regional Court only a few hours before the start of the session and had been interpreted at the entrance to the Regional Court.
Elmau: Castle owner indispensable
"I was stunned," commented Müller-Elmau of the fact that the lawyer had even tried to attend the session and had not quarantined. He himself had been indispensable due to the corona difficulties and had stayed in Elmau. No guests from Austria or Italy had been allowed to stay in his hotel since the end of February, he reported.
New appointment on June 17th
The presiding judge only wants to start hearing again on June 17th. Until then, the 700 pages of files, which now fill five files, will remain on the court shelves. It is uncertain whether guests will reside in Elmau Castle. Müller-Elmau fears that the crisis will continue for months. He himself generally welcomes the online development, also with regard to the everyday school life of his youngest daughter, who attends the Werdenfels grammar school and copes well with "home schooling". Perhaps this form of teaching is also an opportunity to combat the shortage of teachers, says the entrepreneur. However, his hotel will not be able to benefit significantly from the digital exchange of information. “Unfortunately you can't go on vacation online. You have to jump into the water yourself. "
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