In the second instance, parents from Leipzig, lost a damages claim before the court.Although parents are legally entitled to a place in a kindergarten.But nationwide, the Expansion of childcare is lagging behind.
parents have no right to claim damages for lack of childcare places. The decision of the higher regional court (OLG) of Dresden on Wednesday. It dismissed the claims of three mothers from Leipzig in the second instance. The parents had found, because of the chronic lack of child-care places in Leipzig is no care place for your small children and could not go as planned, back to work. They demanded of the city for damages for loss of earnings.
The court of appeal ruled that the city had violated their official duty, to put the parents in a timely manner a childcare place available. The goal of the act early childhood education. The better compatibility of family and occupation, was merely the necessary consequence of the creation of childcare places, according to the OLG. Therefore, the parents could demand damages.
Expansion of childcare places is lagging behind
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108 pages PDF 2,99 € In the first instance, the Leipzig regional court had sentenced the city to pay 15 000 euros plus interest to the families. (Az.: 1 U 319/15, 1 U 320/15, 1 U 321/15).
Since 1. August 2013, nationwide a legal entitlement to a childcare place for children under three years of age. However, the Expansion of the facilities – either in a nursery or with a childminder – has lagged behind the increased demand of the parents afterwards.
rights of parents are limited
In Leipzig, were missing, according to the city administration this summer, nearly 1200 kindergarten places. Nationwide, according to figures from the Federal Statistical office as of the reporting date 1. March 694 cared for 500 children under the age of three in a nursery or by a childminder. Around a third of all children under three years of age.
The German Association of towns and municipalities, welcomed the Dresden judgment. “Thus, a clear delimitation is made. This has a signal effect and is able to avoid processes,” said managing Director Gerd Landsberg, the “Berliner Kurier” (Thursday edition). In a show of strength, the municipalities have already created some 700 000 places, and the Expansion go on.
judgment is not yet final
The appellate court judgments are yet final. The plaintiff can apply to the Federal court of justice. Lawyer Klaus Füßer, representing two of the mothers, had said at the hearing that he will recommend to his client the Revision.
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