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Dispute over game browsing ends up in court

2021-01-14T07:14:17.029Z


A dispute over game browsing has been negotiated at the Garmisch-Partenkirchen district court. There is an amicable settlement in the room. There was criticism of the community of Eschenlohe.


A dispute over game browsing has been negotiated at the Garmisch-Partenkirchen district court.

There is an amicable settlement in the room.

There was criticism of the community of Eschenlohe.

  • A legal dispute over the subject of game browsing has been negotiated at the district court.

  • The plaintiffs were forest owners in the Eschenloh area.

  • In the end, the court overturned a communal decision.

Garmisch-Partenkirchen

- With a legal trick, district judge Andreas Pfisterer has drawn a provisional line under civil law proceedings between forest owners from Eschenlohe.

The chairman decided only the first part of the legal dispute: he overturned a preliminary decision from the Eschenlohe community and thus returned the ball to the community.

For legal reasons, she cannot enforce the costs of the proceedings - a total of around 5700 euros - and would in turn have to sue, which the lawyers involved consider unlikely.

“I'm curious to see what the Eschenlohe community will do with it,” said Pfisterer when he announced the cancellation of the preliminary decision.

Damage up to 1500 meters

The legal dispute was based on this administrative act, according to which several forest owners asserted browsing damage on their properties - at an altitude of up to 1500 meters.

In the present case, the aggrieved landowners acted as defendants.

The plaintiffs were the opposing party, the forest owners adjacent to the hunting area who exercise the hunting rights in this area.

According to the preliminary ruling, these should cover the game damage compensation in the amount of 1516 euros and the expert costs of 4182 euros.

The owners of the hunting grounds resisted this and asked for the preliminary decision to be lifted - with success.

Good thing going on in the courtroom

Numerous hunters and landowners watched the hearing in hearing room 1 in front of the district court.

The lawyers of both parties wanted to reach a long-term consensus.

Initially, however, Leopold Thum, the plaintiff's agent, considered it "problematic to claim damage caused by game in this area with special characteristics and clear-cutting".

His colleague Dr.

Stefan Wagner, who represented the defendant forest owners, reported on three proceedings since 2017 in which the decisions are still pending.

"The Eschenlohe community has delayed proceedings in all cases," emphasized Wagner.

The forest property of his clients is exposed to massive wildlife pollution.

The afforestation causes high costs, but the forest regeneration does not take place - because of the massive browsing.

Late meeting of the parties involved

The damage in the mixed forest was reported to the responsible municipality of Eschenlohe on September 23, 2019. "Damage from game can only be detected promptly," emphasized Pfisterer.

But it was not until mid-December - almost three months later - that the parties involved met in Eschenlohe town hall.

And it wasn't until the beginning of April that an appraiser was called in and the browsing in the mixed forest in the steep mountains was assessed.

The decision is canceled

"An amicable settlement of the parties is in the room," emphasized Pfisterer, who recognized serious deficiencies in the preliminary proceedings of the Eschenlohe community.

Among other things, the chairman complained that the determination of the damage was made more difficult by the inaction of the municipality and that relevant parties involved were not summoned.

In addition, from the point of view of the court, doubts arise about the correctness of the opinion of the game damage estimator.

"Due to the procedural errors of the municipality of Eschenlohe, the preliminary decision is revoked," announced Pfisterer.

Subsequently, both parties applied to let the legal dispute rest - the parties want to reach an out of court agreement.

Now it is the turn of the Eschenlohe community, which has already had to pay for the expert's costs.

Alexander Kraus

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All news articles on 2021-01-14

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