Court upholds ban on heritage group’s bid for former Nazi bunker

The Dutch state was entitled to block a heritage organisation’s attempt to buy a former wartime bunker outside The Hague because it breached the strict bidding conditions, a court has ruled.

The non-profit organisation, Stichting BOEi, was one of two bidders for the building in Wassenaar that was built as a hideout by the Nazi governor Arthur Seyss-Inquart during the war.

The Dutch government’s real estate agency Rijksvastgoedbedrijf put the building up for sale last year after the defence ministry said it was no longer needed.

Strict conditions were attached to the sale to protect “the cultural-historical value of the complex” and prevent it being exploited by commercial owners. The rules restrict the use of the site to a museum or centre for culture or education.

The decision leaves Jeroen de Wilde, a local property developer who reportedly plans to turn the building into a music studio, as the only bidder.

The state excluded Stichting BOEi from the bidding after it sent WhatsApp messages to De Wilde asking about a possible collaboration.

Ban “reasonable”

Stichting BOEi sought an injunction from a judge in The Hague to lift the ban, but the court said the exclusion by Rijksvastgoedbedrijf was “reasonable”.

The court said the approach breached the rules in the bid book that prohibited contact between potential buyers after they had submitted their bids.

BOEi, which submitted a higher bid than De Wilde’s, was also accused of breaking antitrust rules by discussing the price with the rival bidder. The organisation’s lawyers have insisted it made no direct contact with De Wilde.

BOEi also allegedly breached confidentiality rules by presenting details of the plans at a community meeting last year.

Disguised as farmhouse

The bunker on the Clingendael estate, which was disguised as a Dutch farmhouse, was commissioned by Seyss-Inquart, the Nazi-appointed Reich Commissioner of the Netherlands, in 1942 but never actually used.

The interior was lined with thick concrete walls and had two “chimneys” to conceal anti-aircraft guns, as well as a bedroom, a kitchen and an office.

After the war it became known as Commandopost Clingendael and was used as a communications and crisis centre by the Dutch government.

Seyss-Inquart was executed in 1946 following his conviction for war crimes at the Nuremberg trials.