Residents want ATMs removed for fear of an explosion

Created: 03/21/2022, 15:53

By: Oliver Schmitz

The house owners are afraid that an ATM blow-up will damage the building.

(Iconic image) © Olaf Döring/Imago

For fear of an explosion, apartment owners in Ratingen sued for the dismantling of an ATM.

But the court rejected this.

There is one problem in particular.

Düsseldorf/Ratingen – In North Rhine-Westphalia, ATMs are blown up several times a week on average.

Reason enough for a couple from Ratingen to even go to court to have a machine dismantled.

Because local residents are afraid that such an explosion could damage the building.

But this concern about robbers was not enough: the responsible higher regional court in Düsseldorf rejected the lawsuit on Monday (March 21), as reported by 24RHEIN.

Ratingen: Court rejects the dismantling of ATMs - because of the promise of homeowners

The couple, who own two-thirds of the apartment building in Ratingen (Mettmann district), were prompted to complain by numerous media reports about ATMs being blown up.

And indeed, on Monday alone (March 21) there were two cases in NRW: an ATM blast in Engelskirchen and an ATM blast in Viersen.

But the court decided in favor of the bank, which operates the machine with a branch on the ground floor of the property.

The fear of significant damage to buildings is “an abstract mathematical risk, but not a concrete one.

There is no evidence of an explosion," said presiding judge Joachim Unger.

However, the number of explosive attacks on ATMs in North Rhine-Westphalia has multiplied this year compared to the beginning of the previous year.

How many ATM blasts are there in NRW?

In 2021, a total of 151 ATMs were blown up in North Rhine-Westphalia.

In the previous year, 2020, there were 176 – the previous record.

However, the trend in 2022 went up sharply.

In the first six weeks of the year (reference date: February 14), the number of explosions had quintupled to 33 cases compared to the previous year.

Source: State Criminal Police Office NRW

The possible danger does not play a role, according to the court.

The decisive factor is that all the owners of the house agreed to the operation of a bank branch in the declaration of division in 1971, even if there were no ATMs at the time.

"The fact that there has been an ATM there for five years does not contradict that," said the presiding judge.

Dismantling of ATMs: Plaintiffs have to agree with other house owners

The court advised the plaintiff spouses to come to an agreement with the third homeowner and to change the declaration of division accordingly.

Then the dismantling of the ATM could be enforced.

The couple had previously been rebuffed in the first instance before the district court.

The judgment is final.

also read

Fear is not enough: Court against dismantling ATMs

Again and again ATMs are blown up.

But this is only an abstract danger, judges the Düsseldorf Higher Regional Court.

Fear is not enough: Court against dismantling ATMs

Fear is not enough: Court against dismantling ATMs

Homeowners have unsuccessfully sued in Düsseldorf for the dismantling of an ATM - for fear of gangsters.

On Monday, the Higher Regional Court ruled in favor of the bank that operates the machine with a branch on the ground floor of the property (Ref.: I-9 U 25/21).

Fear is not enough: Court against dismantling ATMs