Facts
The company A.-G. für Kohlenförderung purchased an agricultural property from Anton Bischoff. Olga Bischoff, the seller's sister, exercised her pre-emption right within the legal time limit. The plaintiff company then contested the validity of the exercise of this pre-emption right and filed an application for correction of the land register in order to be registered as the owner.Considerations
The FC held that Olga Bischoff's exercise of the pre-emption right was valid. Indeed, the land register keeper was not authorized to notify the one-month deadline to the entitled parties before the sales contract had been duly registered, which was not the case at the time the notification was made. Olga Bischoff's declaration, posted on the last day of the deadline, was therefore filed in time with the land register.
Furthermore, the FC considered that even if Olga…