Call center for mining damage to brown coal in NRW

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The arbitration board lignite NRW is an arbitration board set up by the North Rhine-Westphalian lignite committee for mining damage that is believed to have arisen in connection with coal mining in the Rhenish lignite area.

Its creation was originally decided in February 2010; it started work on September 1, 2010. The office has been located in the Rhein-Kreis Neuss since June 2015. On May 1, 2017, the arbitration order was revised after discussion in the Mining Safety Subcommittee of the State Parliament.

The chairman of the arbitration board has been senior public prosecutor since 2015. D. Robert Deller . The former president of the OLG Hamm, Gero Debusmann, was the first chairman .

tasks

The arbitration board was set up for

"Settlement of individual disputes of a civil law nature that arise in connection with property damage through the effects of the swamping measures of lignite mining between private individuals, small and medium-sized craft and business enterprises or comparable persons on the one hand and the mining company on the other"

The office accepts applications from those affected by mining damage and takes on all organizational tasks in connection with the arbitration procedure.

Participate on the side of the interest groups

  • RIBS Rheinische Initiative Bergschaden eV
  • Association of home and landowners damaged by mining (VBHG)
  • Network of mining victims of the Rheinisches Braunkohlenreviers e. V.
  • Regional Association of Mining Affected NRW e. V. (LVBB)
  • Citizens Against Mountain Damage e. V. (BgB)

The principles of the arbitration procedure include:

  • The procedure assumes that previous attempts to reach an agreement with RWE Power AG did not lead to a satisfactory result from the point of view of the injured party.
  • The procedure is free of charge for applicants.

The appeal body is headed by a chairman who is qualified to serve as judge and is supported by two assessors. The chairman and his deputy are jointly appointed by RWE Power and the representatives of the affected parties.

The applicant can select an observer from a list selected by the interest groups of the persons concerned, the other observer will be nominated by RWE Power AG.

  • The arbitration board can call upon state-recognized and sworn experts to examine the matter more closely and at the expense of RWE Power AG.
  • The applicant can (at his own expense) call in a competent and legally competent person to accompany and support him in the procedure before the appeals office.
  • The decision in the arbitration procedure is usually made after an oral hearing with the participation of the parties. Each party is free to accept or reject the decision. Regardless of this, ordinary legal recourse is still open to those affected .
  • The statute of limitations for any claims for compensation is suspended from receipt of the application up to three months after receipt of the final decision .

Those affected by mining bear a considerable risk of litigation costs in the legal process (especially when it comes to high amounts in dispute , e.g. a loss in value of a property and / or a property).

Others

In Essen there has been a 'coal arbitration board' since March 2009.

Web links

Individual evidence

  1. ↑ Council of Elders of the Brown Coal Committee votes in favor of setting up what was then called a calling point ( Memento from August 9, 2010 in the Internet Archive )
  2. ↑ www.bezreg-koeln.nrw.de ( Memento from September 4, 2010 in the Internet Archive )
  3. ↑ a b www1.wdr.de Arbitration for mountain damage - a contribution by Stefan Michel