Title: Overzealous Confiscation in Last Generation Case: Munich Court Reverses Decision
In an unprecedented move, the Munich Regional Court has overturned the decision of the district court, declaring that the authorities' seizure of over 725,000 euros from Last Generation activists was unjustifiably excessive. This ruling came as a relief to the start-up Elinor, whose operations were crippled by the initial confiscation.
The Controversial Seizure
The case arose from Bavarian investigations into Last Generation activists, who had invested approximately 70,000 euros in the financial start-up Elinor. The start-up provided group accounts for various organizations, including choir groups, with the collected funds only being virtually allocated to the respective group as a credit balance. However, during the investigation into Last Generation, authorities seized nearly 800,000 euros from Elinor, a significant portion of the start-up's assets.
The Court's Verdict
Elinor, having appealed the seizure, was victorious in convincing the Munich Regional Court that the confiscation inexplicably infringed upon the rights of innocent customers. The court deemed that the total confiscation was disproportionate, thus partially overturning the Munich district court's decision from May, 2022.
Founder Lukas Kunert commented, "The decision strengthens our trust in the rule of law. Sadly, it was too late for the many groups that were already utilizing Elinor."
The Last Generation Investigation
Concurrently, the Munich Public Prosecutor General's Office is investigating climate activists from Last Generation on charges of forming a criminal organization. Authorities conducted sweeping raids in seven federal states in May, 2022, searching numerous properties in the process.
Further Reading
- - Essays on the urgency of implementing and enhancing sustainable practices to combat climate change.
- - Exploring the vulnerabilities and risks associated with the increasing reliance on digital platforms.
- - An examination of the use and potential misuse of artificial intelligence in criminal activities, including prediction and prevention techniques.
Enrichment Insights
UN special rapporteurs have criticized the misuse of the German Criminal Code section 129 (§ 129 StGB) in targeting Last Generation activists. These rapporteurs argued that this section is primarily designed to combat organized criminal groups and should not be used to criminalize peaceful civil disobedience in the name of climate activism [2]. However, the specifics on the case's legal proceedings and outcome were not accessible in the provided sources.
Sources: [1] [2] [2.11.22]
