Judgement: Clearance Firm Left Empty-Handed After Discovering 600,000 Euros
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Empty-handed delivery: Moving company faces consequences after uncovering approximately 600,000 Euros missing from shipment. - Company Facing Financial Ruin Following Discovery of Over 600,000 Euros Embezzled
In Bavaria, the plaintiff, who runs a clearance firm, encountered an unusual situation. Clearing an apartment on behalf of the defendant, their employees stumbled upon a hidden fortune - over 600,000 euros stashed away, hidden in diaper packages, among other items. Additionally, jewelry and coins valued around 30,000 euros were discovered.
The clearance firm seized the funds, pointing to a contract clause that insisted valuable items be removed by the client beforehand. The remaining items would then belong to the clearance firm once work commenced.
However, the Cologne Regional Court deemed this clause invalid, citing reasons such as unfair disadvantage to the client. According to the court, the clearance firm could not assume the client intended to forfeit such significant assets without explicit agreement. Moreover, no finder's fee was claimed, as the clearance firm had not technically "found" a lost item. This judgement, issued in early May, is not yet final.
In the realm of German law, the handling of found valuables requires certain obligations. Let's delve into these:
Handling Found Valuables in Germany
1. Finder's Responsibilities:According to the German Civil Code (Bürgerliches Gesetzbuch, BGB), any individual that finds a movable object, which is not abandoned, must report the discovery to the owner or, in the absence of the owner, to the local authorities or police (§ 965 BGB).
2. Compensation for Finder:If the found item's value surpasses €500 (§ 971 BGB), the finder is entitled to a finder's fee. Under normal circumstances, the amount is determined by law and could range up to 5% of the item's worth based on the situation.
3. Ownership Transition:If the owner does not reclaim the item within a specified period (typically six months), the finder may acquire ownership (§ 973 BGB).
4. Criminal Offenses:Taking found valuables without attempting to locate the owner or report the find can be classified as misappropriation (Unterschlagung) under § 246 of the German Criminal Code (StGB) and punishable by fines or imprisonment.
5. Unfair Business Practices:Concealing or misrepresenting found valuables from the contracting party or owner may be considered an unfair commercial practice, as per the Act Against Unfair Competition (UWG), leading to potential damages or other sanctions.
While specific Cologne Regional Court cases regarding clearance companies and found valuables aren't detailed in the provided sources, regional court rulings usually reference these civil and criminal law provisions, emphasizing the duty to report found valuables and the risk of criminal charges for non-compliance.
I'm not sure if the clearance firm acted appropriately in this situation given that the Cologne Regional Court deemed their contract clause regarding valuable items as invalid. In light of the German Civil Code, the clearance firm could be seen as engaging in an unfair commercial practice by concealing or misrepresenting found valuables if they didn't report the discovery to the owner or local authorities.
