Eviction claim denied by the court.

Fortuna Kiosk: Judicial Vindication for Operators

20.06.2025. 00:25 . Available until 20.06.2026.

Current Status: 20.06.2025, 13:06

Boisterous cheers echo through the heart of Düsseldorf as the Regional Court of Düsseldorf dismisses the eviction lawsuit against the operatives of the famous Fortuna Kiosk. The dismissal is due to a procedural slip-up – the termination notice was addressed to the business entity, but it should have been served to all three brothers listed in the lease agreement.

By MH

The lawyer representing the lawsuit's plaintiff vehemently disputed the procedural error claim within the courtroom. Nonetheless, the judge's ruling stands, leaving the owner of the kiosk to consider their options, choosing silence for now.

Background: The lease for the beloved kiosk, a hotspot for Fortuna fans since 2019, was terminated at year-end. However, the brothers continued their stewardship of the kiosk, prompting a legal battle in January.

Brothers in Business: The Origins and Impact

The Meffe brothers, Pietro, Antonio, and Nino, have run the popular haunt since 2019. Yet, only one brother had been listed in the termination letter, despite all three being cited in the contract.

The impact of the legal commencement triggered a public outcry, leading to a petition signed by 30,000 individuals to preserve the iconic kiosk. The Mayor of Düsseldorf publicly supported the kiosk operator's struggle, and the owner has remained silent over the matter so far.

It's essential to note that the lease agreement, valid for five years, was terminated in due time, but an error in serving the notice had significant repercussions now overturned by the court.

A Rich History Surrounds the River Rhine Kiosk

The kiosk on Tonhallenufer, known as the Fortuna-Bud, was acquired by the owner's father over half a century ago. The elder Meffe ran the stand until 2017, and the kiosk was managed by Orlando Meffe from 2006 until the brothers took over in 2019.

Despite the ongoing legal tussle, the kiosk continues to thrive. The intersection of regular workdays, sunny afternoons, and the arrival of Fortuna fans creates a constant, lively stream of customers eager to socialize at this riverside meeting spot.

Fight for Fortuna's Iconic Kiosk: Public Outcry Halts Eviction | more**

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Court Decision Analysis:* Legal experts have done extensive research on court cases similar to the Fortuna kiosk eviction lawsuit, providing a wealth of insights regarding possible next steps, including the appeal process:

Steps to Consider Post-Dismissal of an Eviction Lawsuit

Review the Court Order: The affected party, in this case, the kiosk operators, should carefully read the court's dismissal order to comprehend its reasoning and any conditions attached to the decision.
Assess Options for Refiling or Appeal: Based on the reasoning for dismissal, the plaintiff may be granted the opportunity to refile the lawsuit or lodge an appeal.
Check on Possession Rights: Following the dismissal, it's crucial to determine if the kiosk operators are entitled to continue operating the kiosk or if they must vacate the premises.
Seek Legal Counsel: Engage a legal expert to help understand the specific implications and to formulate a response or filing strategy, if necessary.

Appeal Process for Eviction Lawsuit Dismissal

Legal Grounds for Appeal: The appeal would focus on any legal or procedural mistakes made by the initial court.
Filing a Notice of Appeal: The party appealing the decision must file a notice within the specified deadlines, generally within 30 days following the dismissal.
Preparation of Record and Briefs: The appealing party prepares and submits supporting legal arguments, including relevant precedent cases, on why the dismissal should be overturned.
Oral Argument: Some appellate courts hold oral arguments, where each side presents their case.
Decision: The appellate court eventually issues a verdict, which could affirm, reverse, modify, or remand the case back to the lower court.

Despite the plaintiff's contentious dispute of the procedural error claim in court, the judge's ruling, resulting from a misaddressed termination notice, dismisses the eviction lawsuit against the operators of the Fortuna Kiosk, igniting speculation about the owner's future actions and the potential for an appeal.
In the aftermath of the dismissal of the eviction lawsuit, the kiosk operators face a critical juncture, requiring them to thoroughly review the court's dismissal order, assess their options for refiling or appealing, determine their possession rights, and seek legal counsel to navigate the intricacies of potential next steps.