Das Verursacherprinzip in der Rückabwicklung. Die Erstattung von Grabungskosten in der Spruchpraxis nordrhein-westfälischer Gerichte

Abstract

Since the Higher Administrative Court Northern Rhine-Westphalia has pronounced the sentence of 20.9.2011 that in NRW the polluter pays principle can’t be executed without an explicit legal basis, protection and preservation of the archaeological heritage in this state have come apart at the seams. On the one hand, the state legislator has immediately changed the Monument Protection Act, regulating the investor’s liability for the first time. On the other hand, some of those investors, who formerly had borne excavation costs, have claimed refund. Nevertheless, the most lawsuits have not succeeded.