Legal dispute over salvage costs: Entrepreneur sues financier after humpback whale attack

The costs of transporting the humpback whale, which stranded on the German Baltic Sea coast in spring, are causing controversy. The entrepreneur Fred Babbel, who was significantly involved, has filed a lawsuit against Karin Walter-Mommert, who appeared as the funder of the campaign. Babbel is demanding around 1.35 million euros from Walter-Mommert, as the Schwerin regional court confirmed. The lawsuit was received at the beginning of September. The “Ostsee-Zeitung” first reported.

Babbel's diving company takes care of boat docks, diving work and quay facilities. He procured technology as part of the rescue operation and was on site with his own staff. He also created the relevant salvage concepts and also involved other companies, for example to organize the required ships, Babbel told the German Press Agency (dpa). He made some advance payments to other companies and is now still stuck with the costs months after the campaign.

Walter-Mommert, in turn, told the dpa that she had confidence in the jurisprudence. For her, it's all about education. She also referred to a website where a legal letter was published. Accordingly, she claims deficiencies in the rescue operation.

Babbel said that Walter-Mommert had paid 400,000 euros during the campaign. “But they immediately went back to the ships and barges.” The whale was transported in a barge - a type of barge.

According to the Schwerin Regional Court, Babbel paid an advance on legal costs of around 23,000 euros. A court spokesman said that a written preliminary procedure would first take place. Walter-Mommert receives the statement of claim and the opportunity to comment. “The plaintiff side can then comment on this, and then, in case of doubt, a date for an oral hearing would be set if the parties cannot find a solution by mutual agreement. Of course, that’s always possible.”

The entrepreneur Walter Gunz appeared as another financier of the controversial campaign. His lawyer said when asked that he voluntarily contributed 300,000 euros. However, there are further demands from Walter-Mommert that Gunz will not pay. Significant costs were incurred without prior consultation, coordination or approval by Mr. Gunz. Walter-Mommert, however, said she no longer made any demands on Gunz. The matter is over for her.

The Schwerin Ministry of the Environment continues to demand money. This involves around 140,000 euros, primarily for personnel costs as a result of the official support of the campaign. According to his own statement, Walter-Mommert rejected the claim made by the ministry because there was no basis for the claim. An invoice has not yet been issued.

The ministry referred to a statement in which the initiative agreed to cover all costs, including the operational costs of authorities. Gunz's lawyer explained that Gunz was not aware of a cost commitment that a lawyer had sent to the ministry and had neither seen nor released the text.

The humpback whale, which experts classified as seriously ill, was brought to the North Sea by the private initiative and released into the water there. Shortly afterwards he was washed up dead off the Danish island of Anholt. From the outset, experts unanimously recommended that the animal be allowed to die in peace.