No contractor’s lien for towing companies with a workshop
In a ruling dated October 8, 2013, the Local Court of Cologne – case no. 124 C 201/13 – decided that a towing company that also operates a car repair store is not entitled to a contractor’s lien. Unless it can prove that the order was placed.
No right of lien for towing companies
In the case to be decided, the plaintiff’s vehicle was towed by the defendant, a towing company, to its premises as ordered due to engine damage. The defendant carried out the commissioned work and the plaintiff paid for it. The defendant also carried out further work on the engine. It was disputed whether the plaintiff had commissioned this work. Because the plaintiff did not pay, the defendant refused to hand over the vehicle, invoking its contractor’s lien pursuant to Section 647 BGB. The plaintiff demanded the return of the vehicle owned by her in accordance with § 985 BGB. The Cologne Local Court ruled that the burden of proof for the issue of a further order to carry out work on the engine lay with the defendant. However, the defendant was unable to prove this, so that the plaintiff’s claim for restitution under § 985 BGB was upheld.
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