For the second time in a row, mayor karlheinz denninger (gemeinwohl) failed in his attempt to cancel the auction of his property before the district court in bamberg. This was confirmed both by the press spokesman of the higher regional court in bamberg, judge truppei, and by ralf schmidt, judge at the regional court, when asked by our newspaper.
Reminder: due to over-indebtedness, the commerzbank had pursued the auction of denninger’s property (residential house, sagewerk and several forest divisions). According to the court opinion, the value is around 450,000 euros.
At the second auction at the district court in bamberg in early october, a woman from neuburg/donau won the bid for 270,000 euros. Denninger had filed an appeal against this with the regional court, which was first heard on 14 january 2009. November was dismissed.
In the meantime, denninger and his legal representative had once again presented their counter-ideas in a letter of several pages, in which they even made excursions into medieval jurisprudence.
The district court of bamberg, in a decision dated 11. February 2013 the debtor’s objections and counter-presentations were again rejected, judge ralf schmidt now announced. "The decision of the district court of bamberg of 5 june 2009, which was already legally binding, thus remains in force. October 2012, resulting in the transfer of ownership of the auctioned properties to the purchasers." At the same time, schmidt continued, the order of adjudication constitutes an enforcement title from which execution for eviction and restitution can be pursued. "Whether a forced eviction is actually carried out is at the discretion of the purchasers of the property, who could of course come to an agreement with mr. Denninger in some other way (for example, by concluding a rental agreement) so that he could continue to use the property."
In fact, the burgermeister and the new owner have been living under the same roof for several weeks: she in the ground-floor apartment on weekdays, the burgermeister, who in the case of investment speculation is proverbially "house and home" is said to have lost, on the second floor. And denninger has so far shown no willingness to clear the field.
About "possible foreclosure proceedings" the director of the competent district court in habfurt, wolfgang titze, with reference to "personal rights worthy of protection not to be overexcited. According to information from our newspaper, however, a process of eviction has been underway since the beginning of january, and within a certain period of time, bailiffs, movers and the police have been called into action.
As the spokesman of the bamberg regional court, schmidt, further announced, denninger had appealed against the decision of the bamberg regional court of 14. November has already filed a constitutional complaint, but has asked that the proceedings at the federal constitutional court in karlsruhe be rested until a decision has been made on the appeal/counter-appeal.
"The extent to which he is now pursuing the proceedings before the federal constitutional court is not known in bamberg.", according to ralf schmidt. In legal circles, there are justified doubts about this: "the appeal will not even be admitted. But no federal constitutional judges are concerned with such provincial antics, a legal expert ruled. A constitutional complaint is bound to certain specifications, in case of abuse a bubgeldbescheid follows immediately.
Until friday, the agenda of the competent 1. Senate of the federal constitutional court with prof. Dr. Kirchhof at the helm for 2013 a "case burgpreppach has not yet appeared. Despite a request from our editorial team, mayor denninger did not comment.