Bamberg – statutes invalid because the mayor’s signature was missing – Bavaria

Bamberg:Statutes invalid because the mayor’s signature was missing

Because of the missing signature of the Mayor of Bamberg Andreas Starke (SPD) under a statute against misappropriation of living space, the city is now in legal trouble. The Bavarian Administrative Court declared the statutes ineffective at the end of September following an owner’s complaint. Proceedings against homeowners could become disputed. The two responsible city officials now apologized: not having submitted the statute to the mayor for signature was an oversight. The Bavarian law on misappropriation was passed so that municipalities with a lack of living space can take action against the vacancy of apartments or the use as guest apartments. It allows municipalities to prohibit this. The city of Bamberg published a corresponding statute in 2019 – but without the necessary name of the mayor. The city only corrected the formal error over a year later with a new statute.

It is unclear how the ruling will affect pending proceedings against owners based on the old statutes. The Court of Justice did not allow the judgment to be revised.

© SZ from October 9th, 2021 / dpa

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