Alpina investors have, according to the local court in Munich an extraordinary right of termination, with the consequence of withdrawal from the Alpina 4 KG VAP because the management, including Mr and Mrs Pitter-Kilfitt Anouschka Wittke, not the required reliability.
The district court of Munich has three judgments, 12 October 2005, of 20 October 2005 and on 2 February 2006, the actions of PPR (formerly Alpina) Alpina VAP and the VAP 3 KG 4 KG dismissed on payment of any outstanding deposits.
The first two sentences of 12 October 2005 and the Judgement of 20 October 2005 founded the Order of Dismissal with the lack of locus standi of the Alpina. Standing to be exclusively the trustee, had the A / T / G GmbH
against one of the first two verdicts, the PPR (formerly Alpina) VAP inserted 3 KG 4 KG or Alpina VAP appealed to the District Court of Munich. Meanwhile in one of these two appeal decision has been issued a notice, which
intends "the appellate court, the appeal in accordance. § rejected 522 para 2 CCP, because the appeal does not succeed, the case has no fundamental significance, not the development of the law or the assurance of a uniform law a decision of the appellate court requires. "is particularly interesting is the third decision of 2. February 2006. For with this decision, the court approves the investors in VAP Alpina 4 KG an extraordinary right of termination on the grounds that to:
"the institutions of the general partner of the applicant or the trustee limited lacks the essential seriousness of the financial investment business. With the transfer of funds in the hope of profitable investment, the defendant brings the investor as ATG GmbH or the applicant a high degree of confidence in that requires a fully correct action.In this particular case, the investor had therefore only the rates to pay for extraordinary cancellation by our firm.
(...)
The defendant can not be expected, the applicant, whose business activities by the general partner or its directors out, will continue to entrust their money. "
against this decision has placed the VAP Alpina 4 KG now appeal.
We will notify you when there is news ...
Adapted from
http://www.anlageanwalt.de/pages/faelle/fonds/09.php
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Note: In the mentioned earlier in this report, the appeal process Landgericht München I in the meantime, as reported, the investment in Alpina 4 KG due to the substantial disadvantage of investors judged even as immoral (Judgement of 18 March 2010, Az 31 S 4068/06).