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| Further Selected Decisions |
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11.08.2005: |
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Court of Appeals in Berlin decides in favour of Crown Princess Victoria of Sweden
The Court of Appeals in Berlin (Kammergericht) has rejected an appeal of the Heinrich Bauer Zeitschriften
Verlag against the decision of the District Court of Berlin of June 10th, 2004. The Court of Appeals holds
that a retraction that was already published on the front cover of DAS NEUE BLATT of December 23th, 2003 has
to be reprinted once more...
» See the front page of "DAS NEUE BLATT" |
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14.06.2005: |
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Claudia Schiffer succeeds in six cases
at the Federal Appellate Court in Karlsruhe
Claudia Schiffer and her son Caspar where successfull in six cases against the publication of paparazzi pictures.
The Federal Appellate Court in Karlsruhe remanded six appeals of different publishing companies against six judgements
of the Hamburg Court of Appeal (BGH VI ZR 229/04, ZR 230/04, ZR 231/04, ZR 232/04, ZR 233/04, ZR 234/04).
Claudia Schiffer started legal action after different publications have published paparazzi pictures that showed her and
her son Caspar. The pictures where taken on a street in London after a traffic accident. The Hamburg District Court and
the Hamburg Court of Appeals decided, that this accident is part of the protected private life of the plaintiffs and there
is no protected interest of the media to print pictures of this scene. |
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31.03.2005: |
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Air Berlin successful against TV station
Air Berlin won a damage claim at the Berlin District Court today. The exact amount of the damages will be specified by
the Court in later proceedings. The Court has also ruled today, that WDR, a public german TV station, has to broadcast
a film that clarifys that the original WDR film has been untrue and defamatory.
» See the original press release of Air Berlin |
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14.02.2005: |
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Federal Constitutional Court strenghtens protection of minors
The Federal Constitutional Court today overruled a constitutional complaint of the Heinrich Bauer publishing company.
The publishing company complained, that the first and second instance courts had overvalued the protection of minors
against the publication of facts from their private life. The Federal Contitutional Court did not agree with the view
of the publishing company and upheld the decisions of the first and second instance courts.
» Read the decision of the Federal Constitutional Court |
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14.02.2005: |
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Federal Constitutional Court holds: The digital manipulation of pictures of the CEO of Deutsche Telekom were unlawful
The Federal Constitutional Court today has decided, that a decision of the Federal Apellate Court regarding digital manipulation
of photos is void and remanded the case to the Federal Apellate Court for new consideration. The first two instances, the Hamburg
District Court and the Hamburg Court of Appeals originally decided, that the manipulation of the picture of the CEO of Deutsche
Telekom in a publication was unlawful. The Federal Apellate Court had changed that decision and decided that the digital manipulation
was within the bounds of freedom of press. The Federal Constitutional Court today did not agree with that opinion and found, that the
balancing of personal rights with the freedom of press by the Federal Apellate Court has not led to an acceptable result.
» Read the decision of the Federal Constitutional Court
» Read the press release of the Federal Constitiutional Court |
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11.01.2005: |
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Munich Court of Appeals decides in favour of Crown Princess Victoria of Sweden
The Munich Court of Appeals decided today, that the publication "DIE AKTUELLE" is obliged to print a reply on
itīs front page. The publication had printed untrue facts regarding Crown Princess Victoria of Sweden on itīs front page
and is obliged to correct these untrue facts in of similar size on itīs front page.
» See the front page of "DIE AKTUELLE" with the reply |
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09.11.2004: |
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Former minister of finance Oskar Lafontaine wins against car rental company Sixt: 100.000,00 Euro damages
The Hamburg Court of Appeal has rejected an appeal of the car rental company Sixt against a decision of the Hamburg
District Court today. The Hamburg District Court had awarded 100.000,00 Euro damages to former minister of finance
Oskar Lafontaine because Sixt had used the image of Oskar Lafontaine in its advertising. |
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12.10.2004: |
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Princess Alexandra of Hanover (5) successful at the Federal Court of Appeals (Bundesgerichtshof) in Karlsruhe
The Federal Court of Appeals (Bundesgerichtshof) has decided today a case in favour of Princess Alexandra
of Hanover. The five year old plaintiff has brought action, represented by her parents, the Prince and the
Princess of Hanover, with respect to several paparazzi pictures that where published in two publications of
the German publishing group Gong Verlag after her birth. The District Court of Berlin awarded damage payments
of 150.000,00 DM (€ 76.693,78) in 2002. This decision was appealed by the defendants. The Court of Appeals
in Berlin (Kammergericht) rejected the first appeal in 2003. The following appeal of the defendant to the
Federal Court of Appeals (Bundesgerichtshof) in Karlsruhe was dismissed today. |
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05.10.2004: |
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Charlotte Casiraghi succeds in three cases at the Federal Court of Appeal (Bundesgerichtshof) in Karlsruhe
The Federal Court of Appeal (Bundesgerichtshof) has decided today three cases in favor of Charlotte Casiraghi,
the daughter of Princess Caroline of Hanover. The Court held that it is illegal to use pictures that show
Charlotte Casiraghi riding at tournaments in connection with articles that do not focus on the sport event
but only on the private life of Charlotte Casiraghi. |
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25.09.2004: |
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The decision of the European Court of Human Rights of 24.06.2004 (Caroline- verdict) is legally binding
The European Court of Human Rights in Strassbourg has found today that its decision of 24.06.2004 (Caroline-verdict)
is legally binding since there has been no motion for a decision of the grand chamber within the three months period
that ended on 24.09.2004. |
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01.09.2004: |
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German government decides not to appeal
the decision of the European Court of Human Rights
German government decides not to appeal the decision of the European Court of Human Rights that was published
on June 24th, 2004 in favor of Princess Caroline of Hanover. The decision of the European Court of Human Rights
now will become legally binding on September 24th, 2004. |
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20.07.2004: |
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Claudia Schiffer succeeds
at the Hamburg Court of Appeals
Claudia Schiffer succeeds at the Hamburg Court of Appeals in 7 procedures against different publishing companies.
The Court holds, that it is illegal to publish pictures, that show Claudia Schiffer holding her baby in her arms
on a public street after a car accident. |
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13.07.2004: |
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Famous Mountain Climber Reinhold Messner
wins defamation trial
Famous Mountain Climber Reinhold Messner wins defamation trial at the Court of Appeals in Hamburg. The Court
stops the publication of a book, which indicates that Reinhold Messner caused the death of his brother Günter
during a Nanga Parbat expedition in 1970. |
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10.06.2004: |
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Princess Victoria of Sweden succeeds
at the Berlin Regional Court
Princess Victoria of Sweden succeeds at the Berlin Regional Court. The Court holds that the Heinrich Bauer
Zeitschriften Verlag has to reprint a retraction that was already published on the front cover of DAS NEUE BLATT
of December 23th, 2003. |
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09.03.2004: |
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Charlotte Casiraghi succeeds at the Federal Court of Appeal (Bundesgerichtshof) in Karlsruhe
Charlotte Casiraghi succeeds at the Federal Court of Appeal (Bundesgerichtshof) in Karlsruhe. The Court holds
that it is illegal to publish pictures that show Charlotte Casiraghi during a horse back riding tournament in
connection with an article that does not cover the sports event, but only focuses on her private life. |
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13.01.2004: |
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Oliver Kahn, goalkeeper of the german national soccer team, succeeds at the Hamburg Court of Appeals
Oliver Kahn, goalkeeper of the german national soccer team, succeeds at the Hamburg Court of Appeals. The Court
holds, that the use of his image and name in the Computer Game FIFA 2002 by Electronic Arts was illegal. |
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09.01.2004: |
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Oscar Lafontaine, former minister of finance, succeeds at the Hamburg Regional Court
Oscar Lafontaine, former minister of finance, succeeds at the Hamburg Regional Court. The Court awards a damage payment
of 100.000,00 Euros to Oscar Lafontaine, because a car rental company had published advertisements using the image of Mr.
Lafontaine without his consent. |
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