Versäumnisurteil gegen Beleidiger

Our client, a non-profit association that campaigns against hate speech, received an e-mail via the contact form on their homepage, which contained particularly serious insults and threats.

Clubs also enjoy privacy protection

The statements were formal insults and inadmissible statements that violated our client’s personal rights in accordance with Article 2 Paragraph 1 of the Basic Law. Our client is not a private person, but a registered association. However, these also enjoy personal protection “insofar as they require this legal protection due to their nature as a purpose created by the law and their functions. This is the case above all if they are affected in their claim to social validity in their area of responsibility,” according to the Hamburg Regional Court.

Injunctive relief and payment of legal costs

The district court of Hamburg has now sentenced the sender of the e-mail to refrain from making such statements to our clients. If he opposes this, he faces a fine of 250,000 euros or, alternatively, imprisonment.

In addition, our clients are entitled to reimbursement of the pre-court attorney’s fees under §§ 683, 670, 677 BGB and §§ 823 Para. 1, 249 BGB. The opponent must therefore reimburse the warning costs in the amount of approx. 627 euros. In addition, he has to bear the entire costs of the legal dispute.

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