Heuking successful again in the “Green Bunker St. Pauli” case: Hanseatic Higher Regional Court of Hamburg also denies motion for preliminary injunctions as unfounded
The “Green Bunker” is a pioneering landscape architecture project in the heart of Hamburg. 4,700 trees and other greenery are currently being planted on five new floors of the St. Pauli Bunker to create a public rooftop garden at a height of 58 meters. With its spectacular plantation, the tower is also considered a model for international metropolitan areas that need to adapt to climate change.
This worldwide attention draws imitators: an individual who is not even an architect claims authorship of the greening design’s architectural planning and files a complaint because of alleged deviations in the implementation of the project. By filing preliminary injunctions, he intended to prohibit the client, Matzen Immobilien GmbH & Co. KG, and others from carrying out the alleged deviating implementation.
With lawyers Dr. Georg Jacobs, LL.M. (Boston University) and Marc Dümenil, Heuking Kühn Lüer Wojtek successfully defended these motions at the Regional Court and now also at Hamburg Higher Regional Court. Hamburg Regional Court had already denied the motions as unfounded in its orders dated June 16, 2023 (Cases 310 O 232/23 and 233/23) [cf. press release of June 26, 2023].
Hanseatic Higher Regional Court affirmed these orders on appeal by the applicant and equally denied the motions as unfounded in orders dated November 6, 2023 (Cases 5 W 15/23 and 5 W 16/23) and issued after summary examination. Upon conclusion of the preliminary injunction proceedings, the applicant is no longer entitled to an ordinary legal remedy against them but may still file a complaint in court.
The lighthouse project and new Hamburg landmark is set to be completed in the coming months and will combine ecological, cultural and historical aspects, including panoramic views of the Elbphilharmonie concert hall, the famous Michel church, and the harbor. In addition to the freely accessible public city garden, there will be spaces for city district culture, exhibition areas, opportunities for urban gardening, accommodation for scholarship holders and artists, a state-of-the-art three-field hall for school sports and cultural events, as well as a hotel. The project will add a significant contribution to enrich the City of Hamburg.
Counsel to Matzen Immobilien GmbH & Co. KG as developer
Heuking Kühn Lüer Wojtek:
Dr. Georg Jacobs, LL.M. (Lead),
Marc Dümenil (both Copyright), both Düsseldorf