How long can a private towing service collect demurrage charges for a car that has been removed and can these charges run into the thousands? The Federal Court of Justice (BGH) is set to announce a ruling on this on Friday (9.00 am) in Karlsruhe.
It concerns a case from Saxony in which the towing company demanded 4935 euros because the vehicle initially remained on the premises during a legal dispute - and the sum increased day by day. The Dresden Higher Regional Court (OLG) had only awarded the company 75 euros in the appeal proceedings and considered the decisive moment to be when the owner made it unmistakably clear that he wanted his vehicle back.
"There could be a lot to be said for the Court of Appeal's point of view," said presiding judge Bettina Brückner at the hearing in Karlsruhe in mid-September. She hinted that there could be a simplified solution because otherwise there would be a lot of detailed questions involved. (Ref. V ZR 192/22)
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