For several years, the Filmclub 813 has been a subtenant of the Kölnischer Kunstverein. The contract concluded under the aegis of the city contains a whole series of duties for both parties – Filmclub 813 and the Kölnischer Kunstverein. The Filmclub 813 has been violating a whole series of contractual duties for years, including elementary ones, whose violation in each case leads to an extraordinary right of termination on the part of the Kölnischer Kunstverein. This screw had already been overtightened for some time. The Filmclub 813 has now turned it even further by additionally filing a lawsuit against the Kölnischer Kunstverein. This could not be successful. The court clearly advised the Filmclub 813 in an oral hearing to withdraw the application. Accordingly, the Filmclub 813 actually did withdraw the application.
In connection with this further escalation by the Filmclub 813, the Kölnischer Kunstverein declared the extraordinary termination of the contract due to the last elementary violations of the contract by the Filmclub 813. These violations of contract consisted, among other things, in the fact that the Filmclub 813 announced that it would give its rooms to third parties without the necessary consent of the Kölnischer Kunstverein. The transfer of the rooms to third parties without the prior consent of the Kölnischer Kunstverein constitutes an extraordinary reason for termination. The Kölnischer Kunstverein has nothing against the institution Filmclub 813 as such. Rather, it is a “behavioral termination” due to the violation of elementary contractual duties by the Filmclub 813.
The Kölnischer Kunstverein is open to an agreement with the Filmclub 813 to the effect, that the Kölnischer Kunstverein will give the premises to the Filmclub 813 on a new, simpler and clearer basis. This basis would have to be so clear and simple that the Filmclub 813 can and will comply with it.
