City of Ribnitz-Damgarten under pressure: asbestos dispute in court!

City of Ribnitz-Damgarten under pressure: asbestos dispute in court!

In an explosive case, the city of Ribnitz-Damgarten will have to answer before the Stralsund regional court next Monday. The plaintiff is demanding a whopping 125,000 euros from the city after she purchased a property with a holiday home that was allegedly contaminated with asbestos. The sale of the leasehold took place in 2018. According to the plaintiff, a city employee knew about the asbestos contamination and deliberately concealed this information when concluding the contract. The city, however, denies the allegations and argues that the plaintiff has known about the contamination since 2020 and the claim is therefore time-barred. In addition, the amount of 125,000 euros was not specifically incurred for asbestos disposal, but rather was due to general renovation measures.

In the past, asbestos was considered a popular building material, valued for its fireproof and insulating properties. But the harmful effects are now well known: asbestos can lead to serious lung diseases such as asbestosis and even cancer, which makes the legal framework surrounding asbestos extremely important. The Herfurtner law firm website points out that both manufacturers and owners of buildings containing asbestos may be held liable if they do not meet the necessary safety standards.

Legal basis and health protection

The fact that the case in Ribnitz-Damgarten ends up in court raises significant legal questions. The Federal Immission Control Act (BImSchG) and the Hazardous Substances Ordinance (GefStoffV) prescribe how asbestos should be dealt with, especially in old buildings. There has been a ban on the use of asbestos and asbestos-containing materials in the EU since 2005. During this time, the legal situation has also developed in order to minimize the risks to the health of the population.

Important regulations include the Technical Rules for Hazardous Substances (TRGS 517), which prescribe binding analytical procedures for determining asbestos. Even in the international context, as shown in EU Directive 2009/148/EC, clear regulations are necessary to protect employees against asbestos in the workplace. In this context, the low permissible asbestos concentration of less than 0.1% in products for the general public is particularly worth mentioning.

The upcoming court hearing will be important not only for the plaintiff, who expresses suspicion that she was kept in the dark about the health risks, but also for the city of Ribnitz-Damgarten, which wants to defend its integrity and the associated legal implications. It remains to be seen how the court will decide and what consequences this case could have for dealing with asbestos in the region.

In order to better understand the risks surrounding asbestos, it is important to find out about the legal requirements and, if necessary, seek legal advice. Especially when renovating old buildings, both owners and construction companies should observe the relevant regulations in order to avoid legal disputes like in this case.

Further information is available on the following pages: NDR reports, Kanzlei Herfurtner and [DGUV](https://www.dguv.de/ifa/fachinfos/asbest-an-arbeitsplaetzen/ regulations-und-regelwerk/index.jsp).