Controversy over two Hamburg properties heads to the Federal Administrative Court
Ongoing property debate in Hamburg moves forward to another round - Conflict over two parcels of land in Hamburg advances to the next phase
Hey there! Let's dive into the latest twist in Hamburg's property scene.
In a strange turn of events, two plots of prime real estate in the city have been shrouded in uncertainty. You see, Hamburg's unique city regulations grant it a right of first refusal whenever a plot is about to change hands. This gives the city the opportunity to ensure its urban development plans are carried out effectively.
However, things took a tumultuous turn back in May 2021. The owners of these properties decided to sell them...but not to just anyone. They offloaded their real estate to newly created companies, all of which shared the same shareholder as the original sellers.
In one instance, the city exercised its right of first refusal. But in the other, the seller pulled a surprise move – they filed a declaration of avoidance, agreeing to some conditions. The seller then hit the city with a lawsuit, first in the Administrative Court and then in the Higher Administrative Court.
The courts ruled that the sales weren't contracts with third parties, since they were merely transfers of assets among the same individuals. For the city's right of first refusal to kick in, a contract with an outside party was essential.
Unwillingly to let go, the city appealed to the Federal Administrative Court (BVerwG), located in Leipzig. Interestingly, the BVerwG didn't see things the same way as the lower courts. Even if the seller and the new owner are one-person companies with the same sole shareholder, they considered it a contract with a third party. The companies had made this choice themselves.
However, the BVerwG couldn't render a final decision due to missing findings. The Higher Administrative Court now has the responsibility to determine if the city's exercise of its right of first refusal was lawful in other aspects.
- Hamburg – The vibrant, Hanseatic city where the dispute took place
- Plot of land – The valuable real estate at the heart of the legal battle
- BVerwG – The Federal Administrative Court that will determine the fate of the properties
- Leipzig – The city where the BVerwG is situated
As of June 2025, there are no recent reports on the status of this case in the latest materials examined. For more specific details or updates, it may be beneficial to consult local Hamburg court sources or recent legal bulletins directly related to land and property litigation. If you've got additional information, I'm here to help!
- The vibrant Hanseatic city of Hamburg continues to face a legal uncertainty over two valuable plots of real estate, with the Federal Administrative Court (BVerwG) in Leipzig set to determine their fate following a dispute that originated in May 2021.
- In the world of Hamburg's financially invested real estate, the court's decision could potentially set a significant precedent, influencing future property transactions involving urban development plans and the city's right of first refusal on plots of land.
