Munich – Christian Schottenhamel (57) has to take tough criticism from within his own ranks. Many host colleagues are pissed off at the large restaurateur, who is also the head of the restaurant at Nockherberg.
Reason: Schottenhamel and his partner Florian Lechner sued Allianz for operational downtime in the amount of more than 1.1 million euros in order to – as he said at the time – “obtain a verdict for the entire industry”.
Now the accusation: Tuesday evening the Nockherberg boss reached a settlement at the last minute – although the judge had already given him clear indications of success at the hearing.
“Economically, I can understand that, but it is totally lacking in solidarity,” says Karl-Heinz Zacher (51), head of St. Emmeramsmühle. Yesterday he won his lawsuit against the liability insurance company, which was sentenced to pay 427,169.86 euros. As compensation for the nine weeks that the restaurant had to remain closed during the lockdown.
Zacher continues: “I would never have compared myself. I wanted a judgment for everyone. Schottenhamel would have won for sure. A victory against Allianz would have helped many other restaurateurs and hoteliers. “
Eric Brodka (59, “Augustiner Rosenheim” and Werner Hochreiter (52, “Hochreiter am Markt”) are also disappointed: “That has a treat! We would have hoped that he would act in the interests of his colleagues and wait for the verdict.”
And Moritz Haake (33, “Burger & Lobster Bank”, “Weinhaus Neuner”) grumbles: “For me, true solidarity among hosts now means schottenhameln.”
What does Christian Schottenhamel say about the allegations?
He to BILD: “It was an entrepreneurial decision that anyone else would have accepted.”
To understand: With the settlement, Allianz not only prevented another defeat in court and a judgment with charisma, but also limited the already considerable damage to the company’s image. Schottenhamel and Lechner, on the other hand, won an immediate and secure payment of the agreed sum through the comparison.
Why? The judgment of the regional court would have been a first instance judgment against which Allianz could have appealed. In order to get their money, Schottenhamel and Lechner – as stipulated by the law – first had to deposit 110 percent of the amount claimed at the court. The appeal takes the action before the Higher Regional Court – and possibly before the Federal Court of Justice. This delays the payment of compensation by at least 1 year (up to 2.5 years).
And there is no guarantee that the OLG or BGH would follow the judgment of the Munich Regional Court – or that the alliance would end up being right.