Federal Republic of Germany is successful with KPMG Law in the appeal proceedings before the Celle Higher Regional Court against A 1 mobil
In a legal dispute followed with interest by the public, the Federal Republic of Germany with KPMG Law was also successful in the appeal proceedings at the Celle Higher Regional Court against the private highway operating company A1 mobil.
A 1 mobil had filed a claim against the Federal Republic of Germany for damages in the amount of EUR 788 million. Last year, the action was brought before the Hanover Regional Court on the grounds of a claim for amendment of the contract due to the discontinuation of the basis of the contract. In the plaintiff’s view, the unforeseeable decline in traffic subject to tolls due to the global economic crisis in 2008/2009 justifies a claim for contract adjustment and additional compensation. The Hanover Regional Court had dismissed the action brought against the Federal Republic of Germany, which was represented by KPMG Law.
The Celle Higher Regional Court has now rejected the appeal filed against this. According to the OLG Celle, the operating company had assumed the traffic volume risk. It is clear from the concession agreement concluded between the parties and from the contract negotiations conducted in advance that the parties had recognized the traffic volume risk but had assigned it to the plaintiff. The applicant’s assumption of the traffic volume risk was also not limited. The parties had not agreed on a fluctuation corridor by agreeing on a minimum or maximum remuneration. The plaintiff had worked out the calculation on which its bid was based on its own responsibility and now had to bear the risk of a temporary drop in traffic volumes.
KPMG Law Rechtsanwaltsgesellschaft mbH:
Dr. Matthias Aldejohann,
Partner, Head of Dresden Office, (Legal Operations), Lead Partner, and
Dr. Torsten Göhlert,
Senior Manager, Dresden, (Legal Public Sector)
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