Interim injunction
August 13, 2009 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
The following situation:
I have been in regular insolvency since 07/2007, one of the creditors being the city utilities with an amount of approximately 550,- euros. However, I am no longer receiving electricity from them but from another provider.
On 03.08.2009, I received a termination notice from the external company to be effective on 30.09.2009. The letter was dated 30.07.2009. This was fine with me as we wanted to switch to our provider who also supplies us with gas. On 03.08.2009, the city utilities came and cut off our electricity. When I came home and called them, they informed me that the external company had sent them an email in June 09 with a termination notice for 30.07.09. I denied this, as I had the termination notice dated 30.07.09 in my hands and had also called the external company on 03.08. to confirm if 30.09.2009 was correct, which was confirmed to me (I have noted down the name and time). I went to the district court and obtained an interim order requiring the city utilities to reconnect the electricity. They did so immediately. Today, I received a letter from the court from the lawyers of the city utilities requesting to revoke my interim order and to grant them authorization to disconnect based on the email from the company Vattenfall in June 09.
How should I proceed now? Am I in the wrong? I am supposed to respond within 10 days.
Dear Seeker,
Thank you for your inquiry!
I would like to address your questions as follows, taking into consideration the details provided by you and your commitment:
Without precise knowledge of the correspondence and the entire situation, a definitive assessment from a distance is unfortunately not possible. I recommend that you engage a colleague on-site to thoroughly review the situation and represent your legal interests to the city utilities.
Financing of court and attorney fees could be covered through legal aid or legal aid, but the eligibility criteria would need to be assessed first, which the colleague on-site could do for you.
It seems that you are not clearly in the wrong, otherwise the court would not have issued the injunction. You should respond to the objection (preferably through a lawyer) and refute or argue against the statements made there, to the extent possible.
You should especially specify, by providing the name and address of the external company (and ideally the contact person you spoke with), that the external company did not send an email with a termination date of 30.07.2009, because the external company assured or accepted the termination date of 30.09.2009.
In this context, you should also refer to the conversation and its content from 03.08.2009.
Whether this termination email (sent via email) on 30.07.2009 was actually sent or not, is beyond my knowledge. If the assurance of the external company is true, the objection is likely to have no chance of success.
I would like to finally point out the following:
The legal information provided by me is based solely on the facts you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive examination of the facts. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through my email address or the follow-up option.
Wishing you a pleasant Thursday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
