No revision in copyright dispute concerning Stuttgart 21

The demolition of the northwest wing of the Stuttgart main railway station, known as the Bonatz Building, was the starting point of legal proceedings between a grandson of architect Paul Bonatz and Deutsche Bahn AG. After the Higher Regional Court (OLG) Stuttgart refused to permit a revision of its decision, the Bonatz grandson filed a petition for leave to appeal to the Federal Court of Justice (BGH).

In the course of the railway project "Stuttgart 21" and the conversion of the Stuttgart main railway station from a terminus into a through station, Deutsche Bahn AG decided to demolish both side wings together with the staircase in the large counters hall of the listed Bonatz Building. The grandson of the author, Mr Peter Dübbers, opposed this planned demolition because he believed that the partial demolition of the railway station building would infringe upon his grandfather Paul Bonatz's rights of authorship. By filing the action, he sought to achieve the rebuilding of the northwest wing and to prevent the demolition of the southeast wing and the staircase.

Both the Regional Court (LG) and the Higher Regional Court (OLG) Stuttgart dismissed the action. The revision before the Federal Court of Justice (BGH) had not been permitted by the Higher Regional Court.

How did the Federal Court of Justice (BGH) decide?
In itsdecision of 09.11.2011 – Az. I ZR 216/10 (press release) the Federal Court of Justice (BGH) confirmed the decision of the Higher Regional Court (OLG) and rejected Mr Dübbers' petition for leave to appeal.
The remedy of revision before the Federal Court of Justice (BGH) may only be permitted if the legal case is of fundamental importance or if a decision by the Federal Court of Justice (BGH) is necessary for the development of the law or for ensuring uniformity of case law. However, the decision of the Higher Regional Court (OLG) Stuttgart was neither legally flawed nor were any legal questions involved which the Federal Court of Justice (BGH) had not already decided in earlier judgments. Thus, the required prerequisites for revision were not met.

Conclusion

With the decision of the Federal Court of Justice (BGH) to reject the petition for leave to permit a revision, the copyright dispute concerning the partial demolition of the Bonatz Building has been finally concluded. The demolition will be carried out – just as the major project itself will be, following the clear vote of the electorate in the public referendum.