Heritage Protection

The winemaker-town of Unkel takes loss of the historical vineyard

Germany - 2008-02-04 - D. Davydov

The town of Unkel which belongs to the Middle Rhine winegrowing area is noted for having preserved its medieval structure. Some of Unkel's traditional buildings are however in danger to be demolished in spite of their legal status as cultural monuments. In detail, the manor house "Vogtshaus" which dates back to the 16th century will be gutted, and the nearby former vineyard "Bachem-Haus" will lose ground. The loss of the authentic structure is actually connected with the intended extension of the traditional hotel "Rheinhotel Schulz" which the local municipality considers as a stroke of luck, while it regards the endangered monuments as to ruinous to be saved. In the face of the resistance which some local historians still offer the town mayor refers to the district administration which has allowed the hotel's construction and the demolition of the monuments.

Source: http://www.rundschau-online.de

Federal Government regards the WHC to be legally binding

Germany - 2008-01-16 - D. Davydov

While the debatable construction of the Elbe-bridge in Dresden is already in progress, the federal government has now put out a legal opinion concerning the UNESCO World Heritage Convention and its impact on the German law. The federal government regards the WHC as a treaty which is legally binding not only for the Federal Republic itself, but also for the other governmental levels, like the federal states and the municipal administrations. Thus, the opinion comes to the same conclusion as the Administrative Court of Dresden which has formerly forbidden the bridge’s construction. Meanwhile, Wolfgang Tiefensee, the federal minister of building, once again appealed to the Saxon government. He called for a hesitation of the construction work and a resumption of a dialogue with UNESCO.

Source: www.welterbe-erhalten.de

Legal Dispute on the Castle of Salem: Prince of Baden threatens selling

Germany - 2007-11-01 - K. Asmuss

The legal dispute on the Castle of Salem has reached a new stage: While the ownerships structures remain unclear, Prince Bernhard of Baden alerts the adventure’s ruin till the end of the year. Groaning under a mountain of debt of about € 30 millions, all attempts to transform the castle’s status in a donation have been disappointed. Albeit the experts’ expertise on the controversial issue of the object’s ownership, Prince Bernhard now expressed his intention to sell the estate to foreign interested parties. From the scientific point of legal monument protection, scepticism has been raised: According to Dieter Planck, president of the state’s administration of monumental protection, an essential renovation is unavoidable, so that not only the purchase price has to be performed, but also costly obligations, imposed by the administration of cultural protection. Having in mind the financial burden of the sustentation of already 250 castles, Oettinger, the prime minister of Baden-Württemberg, aspires a solution, which narrows the state’s engagement of the Castle of Salem. Notwithstanding all disaccording of ownership and legal claims, the parties shouldn’t lose of sight the obligation to protect the estate for the future; thus, the best solution for the Castle’s welfare has to be found.

Source: F.A.Z. 23.10.2007

Administrative Court of Cologne: The Metropol-Cinema in Bonn stays a listed monument

Germany - 2007-10-13 - D. Davydov

The Administrative Court dismissed the claim of the new owner of the Metropol-Cinema in Bonn - one of the last remained cinemas of the interwar epoch in Germany. The claimant had planned a conversion of the building and therefore he had requested its removal from the list of the protected monuments. He had brought forward the argument that the cinema had lost its value as a historical monument because of the previous reconstruction. As apposed to that, the Court decided that the reconstruction, which had been performed according to the guidelines of the local authorities for protection and preservation of monuments, did not destroy the historically valuable interior of the cinema, but approximated its appearance to the original building of 1928. Thus, the Metropol-Cinema stays a listed monument.

Source: www.justiz.nrw.de

Fair solution under the Washington Declaration

Germany - 2007-09-25 - K. Asmuss

On September 24, the city Hanover handed over one of the most important landscape paintings of the German expressionist Lovis Corinth to inheriting the outstanding art historian Curt Glaser. Thus, the opus "Römische Campagna", dating from 1914, is restituted according to the requirements of the Washington Declaration. Curt Glaser, although being baptized evangelic, has been removed from his office as ther Berlin Art Library's Director and was forced to emigrate in 1933 under the regime of the NS. In order to finance his and his wife's escape, he had to let auctioneerd his art collection, including Corinth's "Römische Campagna". The city Hanover acquired the painting, whose value today amounts approximatly € 440.000, 1949 from the lawyer Conrad Doebbeke, whose art collection, since it has been attributed having facilitated jewish emigration, in this context turned out to require urgently a closer appraisal.

Source: Süddeutsche Zeitung, 2007-09-25

Chief Archeologist of the Federal State Rhineland-Palatinate: The number of illegal excavations increases

Germany - 2007-09-10 - D. Davydov

According to a statement of Gerd Rupprecht, the head of the archeological department of the regional authority for heritage protection, the illegal excavations in Rhineland-Palatinate are on the rise. He supposed that some hundred illegal excavations take place in the Federal State yearly. In spite of the enormous damage to the invaluable historical heritage, a criminal procedure is initiated rarely. In fact, there is no reasonable chance to capture the delinquents.

Source: dpa-infocom

Administrative court eventually prevents the start of construction

Germany - 2007-08-09 - D. Davydov

After all else had failed, the Administrative Court of Dresden provisionally interdicted the planned start of the construction works on the Waldschloesschen Bridge. The court allowed an application of the three different nature conservation associations, according to that the intended project might destroy the habitat of some rare animals, amongst others an almost vanished bat variety. Thus, the universal cultural landscape of Dresden Elbe Valley could be finally saved thanks to the considerations, which are in no way concerned with the issue of cultural heritage protection.

Source: http://www.welterbe-erhalten.de

Higher Administrative Court of Saxony votes against a compromise

Germany - 2007-07-18 - D. Davydov

The Higher Administrative Court of the Free State of Saxony definitively frustrated the quest for a compromise solution of the Bridge conflict. According to the recent judgment, the municipality of Dresden has to start the construction works immediately.

Source: SZ 18.07.2007

World Heritage Committee keeps Dresden on UNESCO World Heritage List - for the present

Germany - 2007-06-26 - D. Davydov

The World Heritage Committee, meeting in Christchurch, decided not to remove Dresden Elbe Valley from the World Heritage List. Until an acceptable solution (bridge or tunnel) that respects the outstanding universal value of the cultural landscape has been found, the site will be kept on the List of World Heritage in Danger. The alternative project has to be submitted until Oct. 1.

Source: dpa

Decision of the Federal Constitutional Court concerning the "Elbe Valley"

Germany - 2007-05-29 - D. Davydov

The Federal Constitutional Court dismissed the appeal against the judgment of the Higher Administrative Court of Saxony. According to the recent resolution, the pressure which the Saxon gouvernment exerts on the municipality of Dresden in order to enforce the bridge construction does not violate the Constitution.

Source: http://www.bundesverfassungsgericht.de

The Constitutional Court of Saxony sanctions the bridge construction

Germany - 2007-05-03 - D. Davydov

The Constitutional Court of the Free State of Saxony dismissed the appeal against the judgment of the Higher Administrative Court of Saxony, according to which the controversial construction of the Waldschloesschen-Bridge has to be executed. Thus, the universal cultural landscape of Dresden Elbe Valley could be soon removed from World Heritage List.

Source: www.welterbe-erhalten.de

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