Letter to Dr Rainer Frank (Degewo Ombudsman)

Update: Dr Rainer Frank has not responded to my e-mail. 

Dear Dr Rainer Frank,

In 2012, Degewo authorised me to renovate an asbestos flat that was in need of renovation (in a residential building built by Degewo itself)without informing me of the asbestos hazard. During the renovation, asbestos adhesive was milled out and Asbestos fibres are released in large quantities and inhaled accordingly.

Here are some key points for explanation:

1. In 2012, my wife and I bought a flat in need of renovation from the Degewo rented (see Degewo asbestos removal).
2. I have received written and verbal authorisation from Degewo to renovate the floor, walls, bathroom, etc. Degewo gave us a verbal promise that we would be allowed to lay parquet flooring if we could find a new tenant who would take over the flat in this condition. This was standard practice at the time we rented the flat.
3. Nothing was mentioned about the risk of asbestos in the authorisation for structural alterations. However, under point 7 of this authorisation, I was advised to dispose of the resulting building rubble myself. Degewo therefore assumed that there would be building rubble and thus damage to the substance.
4. During the renovation, the asbestos adhesive was removed with a concrete cutter (1,500,000 asbestos fibres per cubic metre), and we were exposed to a high dose of asbestos fibres without knowing about it.
5. We renovated the flat at our own expense in the knowledge that we would be able to rent it out afterwards.
6. In 2018, when we wanted to pass on the flat, Degewo first drew our attention to the fact that the flat was contaminated with pollutants and that it would therefore not be possible to pass it on. Degewo beat about the bush for a long time (and avoided the word asbestos). The flat would first have to be checked for all the pollutants in the world test.
7. However, the apartment block was built by Degewo itself in the 1970s. Degewo knew exactly what materials were used in the flats.
8. Frank Bielkawho held various management positions at Degewo, confirmed as early as 2000 in the minor enquiry no. 5262 (LPD 7/2000) "Flex panels (containing asbestos) were installed in 14,400 flats at DEGEWO" and "as there is no risk when handling the landlord's property as intended, no tenant information is provided."
9. In 2018, the Berlin Regional Court reprimanded Degewo in a judgement. As early as 1993, Degewo should have informed tenants about the presence of asbestos in their flats.
10. In 2020, Degewo is still claiming that it is not necessary to inform tenants about the asbestos hazard: "When I tell people to leave the floor alone, Do not drill holes in the wallPlease stick to it, because, well, if you keep to it, then you can live well in there. Then I think that's enough, to be honest."

The case has been summarised on the following page: www.asbest-berlin.de/graun7/. ARD Contrasts reported on this on 16 January 2020.

Inhaled asbestos fibres are no longer broken down by the body and lead to scarring of the lung tissue, which subsequently leads to further complications. This process cannot be reversed by anyone.

Degewo has not yet taken any responsibility in this matter. Degewo lawyers accused me of having "Map of asbestos exposure" to play. As a sufferer, I can tell you that this is very mentally stressful.

Since you seem to be the right contact person at "Indications of criminal offences, administrative offences and other legal or regulatory violations of considerable weight" I therefore ask you to take the necessary steps to correct this situation as far as possible and to "Ensuring reputation and long-term success as a company".

Thank you for your attention.

Degewo compliance page Text

"degewo's comprehensive compliance programme monitors adherence to laws, regulations and guidelines.
Compliance with laws and guidelines is part of our corporate responsibility and one of our objectives. To achieve this goal, it is of paramount importance that degewo and its employees act properly.

This primarily means compliance with all external and internal regulations and rules (e.g. laws, ordinances, guidelines, instructions, company agreements) as well as conformity with social, moral and business ethical values.

Exemplary compliance is an important prerequisite for safeguarding our reputation and long-term success as a company. Our compliance programme is an integral part of our leadership and management structure and covers all areas of degewo AG and its subsidiaries. It is harmonised with our risk management and is subject to continuous further development.

The Compliance Officer supports the Management Board and managers who are responsible for compliance with laws, regulations and guidelines. In addition, the Management Board and managers undertake to act as role models and support our employees in implementing and adhering to compliance rules."

Lawyer Dr Rainer Frank

"Since 1 April 2021, lawyer Dr Rainer Frank / FS-PP Berlin Partnerschaft von Rechtsanwälten mbB has been working as an external lawyer of trust / ombudsman for the degewo Group.

Dr Frank is available to both employees and external whistleblowers as an independent and experienced contact person for information on possible breaches of regulations by the company or within the company. He accepts reports of criminal offences, administrative offences and other legal or regulatory violations of considerable importance in confidence. He protects the identity of whistleblowers and only passes on information to degewo's compliance officer after approval and anonymised on request. The ombudsman does not serve as a general complaints office for tenants or prospective tenants.

If you would like to contact Dr Frank in his capacity as degewo ombudsman, you can reach him using the following contact details:

Lawyer Dr Rainer Frank
030 318685-934

trust-lawyer-degewo[at]fs-pp.de."