Dany Rau is concerned with fundamental issues. Because of the corona restrictions, he has not been able to do his job as production manager for almost two years. As early as March 2021, we spoke to him about the Herculean task of winning state compensation in court. He invokes the right to free exercise of his profession and sees forced unemployment as a kind of special sacrifice for society. The associations of the self-employed ISDV and VGSD support these lawsuits, which could one day end up in the Federal Constitutional Court. But so far the statement of a judge is in the room: “A threat to existence can only be recognized if you have to live homeless on the street”.
Why are you suing for compensation and why are measures such as bridging or restart help not working for you?
Because I can’t do my job. It’s like a nuclear power plant being shut down on government orders. Its operators are also compensated. The support does not work for me and many others because I hardly have any costs that are explicitly operational. I have no employees or company premises. My expenses are also “private”. This puts you in a dangerous gray area, where it can happen that you have to repay aid that has already been granted. I dont want that. But I also don’t get unemployment benefit II, which is always cited as a safety anchor.
For what reason?
My clerk at the office said on the phone that I was rich! After the simplified application procedure in Corona times, I had met all the criteria for ALG II if it weren’t for my pension. They apply interesting standards when you are considered “rich” with your own retirement provision.
What are you currently living on?
Last summer I was able to do a few small jobs related to these “beach chair” concerts and I keep applying. But in the end I have to fall back on the old-age pension I just mentioned, which was actually intended for the future. In this way, when the cushion is used up, I end up back with the office at some point. In this way, the state creates poverty in old age.
You and your lawyer have now filed a total of twelve lawsuits in eleven federal states. Anywhere you could demonstrably have worked in 2020. How has it gone so far?
Rather sobering. But that was to be expected, we are preparing for a long way. The procedure in Berlin was kept extremely short with the intention of the court. Just 45 minutes. The log consisted of three lines. The judge in Neumünster in turn provided the verdict with the sentence “A threat to existence can only be recognized if the plaintiff has to live homeless on the street”. The special situation that we are experiencing due to the ban on activities in the event area played no role for him. On January 21, my lawsuit was also dismissed by the District Court of Dresden. Once again, the reasoning was that the court saw no situation that threatened my existence and also no expropriating intervention by the state. All bans with the associated loss of income are reasonable without restrictions. Thus, for the court, an application of the compensation paragraph of the Infection Protection Act is out of the question. The court also sees no reason to submit the matter to the Federal Constitutional Court. Witnesses named and present by us who could prove a situation that threatened the existence of the company were not heard.
Everything is fine. For me, this is a scandal beyond compare. We will appeal all of these procedures
How were the other places?
In the other proceedings in Schleswig-Holstein and Berlin, too, the courts saw no reason to take into account the really precarious situation of the event industry and the self-employed people working there. A legal (re)evaluation of these circumstances did not take place. Everything is fine. For me, this is a scandal beyond compare. We will appeal all of these procedures.
Were there bright spots?
At least we managed to make the logs more extensive. For example, that we have provided new documents or named a witness. What is in the record must be mentioned in the reasoning of the judgement. New arguments arise for us from every new procedure. We see conflicts of interest on the part of the judges in my particular case. I sue one state at a time; and the judges are appointed by the state government. This means that the person sitting in the dock is in principle the superior of the respective judge. We see a conflict of interest there and have filed a bias application against the judges in Lower Saxony. That was rejected, but ultimately we want to bring this lack of independence of the judiciary in this matter to the European Court of Justice. The message from the courts is subliminal and sometimes quite open: If we agree with you, we will open the door to mass claims for compensation – and then the state will go bankrupt. Which is of course nonsense when you look at how many billions have been provided so far anyway. On the other hand, a compensation payment controlled by the tax office to the self-employed who are registered for tax purposes would be a targeted, monitored measure. And of course I want to get commissions again, even if this court case will keep me busy for a few more years.
Is there a risk that your topic will lose focus when the pandemic measures expire?
I fear so. However, it doesn’t look like jobs to me in the foreseeable future. The entire event industry is crying out for nationwide regulations that offer planning security. But when the situation relaxes and events are possible again (without restrictions), it will become even more difficult and tedious for me to generate attention within and above all outside the industry and thereby put pressure on politicians and the courts. If you want to know how to proceed, you can use this link: https://gofund.me/1aad9d90. For me it is a difficult and rocky road. I need strong nerves, staying power and, ultimately, the financial means to ensure justice before the courts.