How Long Does Unopened Bottled Pinot Noir Last?

LG Berlin: Not every false statement of fact already constitutes a defamation of a legal entity under public law

LG Berlin - 27 O 76/08 to omission of a police president: ( PDF document )

"As far as the applicant of also with its applications to number 2) and 3) further injunctive relief claims, is contrary to the present case, is not with the person concerned is a state authority, thus a unit of a legal entity under public law. The patronage of a person of public right is not derived from the value judgments of Article 1 and 2 of the Basic Law, because they have no fundamental right wearer in performing their public duty can (BVerfGE 21, 362 ff, 23, 12 et seq , 24, 367 ff; BGH NJW 1983, 1183 et seq; VGH Kassel NJW 1990, 1005, OLG Hamburg AFP 2007, 488). She enjoys but criminal patronage to § 185 ff StGB and insulting attacks against civil liability in accordance. Protected § 823 para 2 BGB (BGH supra; Wenzel, the right of the word and Reporting, 5th Edition 5:26 marginal with further notes;.. Prince / Peters, Media Law para 193). With respect to the yield to criminal patronage is already evident from the wording of § 194 para 3 sentence 2 of the Criminal Code, which requires the ability to insult an authority.

[...]


"The detail put forward by the applicant suitability of the disputed claims for libel is not. first takes up the arguments of the applicant's too short, it would significantly on the truth of the allegations, it's because that it fails to recognize that not just any untrue statement of fact already constitutes a defamation of a legal person of public law. is undermined by the public nor for obvious and proven hoaxes defenseless, as the applicant thinks because the state want to do differently than the most basic entities certainly ways and means available to his point of view known and misinformation, contrary to connect

KG Berlin: Legal statement injunctive relief of the mayor
KG Berlin, Order of 12.01.2010, Az 9 W 259/09, Link: http://www.telemedicus.info/urteile/1005-9-W-25909.html

Summary the Court first

For utterance legal injunction with a public authority (here: Mayor of Berlin).

second Setting aside the risk of repetition after the injunction to be heard.

APPEAL COURT BERLIN

decision

Reference: 9 W 259/09

Delivered at: 12.01.2010

tenor

The immediate appeal of 16 December 2009 compared to the decision of the Landgericht Berlin, 15 December 2009 (Ref. 27 O 1158/09) at the expense of the applicant with a complaint of 10,000, - EUR rejected.

reasons

I.

The applicant takes issue with an immediate appeal against the rejection of his application for an interim injunction.

He still seeks the prohibition of the publication or dissemination by the defendant regarding the statement:

"W. wants more money for its domestic missions "

The district court based the dismissal that the "alleged violation of the law (is) not likely to affect the reputation of the applicant is concerned here not as a private person, but in his capacity as mayor, in a serious manner, especially since the defendant a correction has spread. " It could not are not taken into account that the applicant would have the facts about his press office to set the record straight and because of the correction by the defendant "had been informed public on the correct facts are" .
more here: KG Berlin: Legal statement injunctive relief of the mayor

see Injunctions Procedure I and II funds .... the city under Label

also employees of this agency are governed by public law ......

interesting theories regarding the mode of action and impact of the injunction Instruments "and" judicial development of the law "can people in Buskeismus theories - read features by Rolf Schälike .

Eve Has The Biggest Boobs In Wwe

European Court of Justice: sibling separation violates human rights

sibling separation: Human Rights Court has criticized Turkey

" brother and sister were ten years ago, divided after the divorce of the parents -. Against their will, this decision by the Turkish judiciary is a violation of the fundamental right to family protection, says the human rights court for brother and sister is that decision ten years too. late. "

Not only in Turkey but also in Germany have siblings separated at birth .......... with education, this has nothing to do .....

Sanyo Eneloop Rechargeable Batterieswalmart

complaint to the European Court after exhausting domestic remedies

from the European Human Rights Convention:

Article 6
right to a fair trial

(1) Every person has the right to have disputes relating to civil rights and obligations or of any criminal charge against prosecution by an independent and impartial tribunal established by law is negotiated in a fair and public hearing within a reasonable time.

(2) Any person charged with a criminal offense shall, until proved guilty according to law.

(3) Every accused Person has the following minimum rights:

a) to be informed promptly in a language he understands and in detail about the nature and cause of the accusation against him to be;

b) adequate time and facilities for preparation of his defense;

c) to defend himself, to be defended by counsel of their choice or, if their means to pay, to be given legal assistance free of a defender, in the interests of justice so require;

d) Questions to witnesses get

e) the free assistance of an interpreter if they do not understand the language used in court or speak; to make or have submitted and obtain the attendance and examination of witnesses on his behalf under the same conditions as those applicable to witnesses .

Article 7 No punishment without law

(1) No person shall be convicted of an act or omission which time they were committed, under national or international law, was not punishable. Nor shall a heavier than that at the time the criminal offense was Penalty be imposed.

(2) This article does not mean that someone is convicted of an act or omission or punished, which was at the time of its commission in accordance with recognized by civilized nations general principles of law.

Article 8 right to respect for private and family life

(1) Everyone has the right to respect for private and family life, home and his correspondence.

(2) An authority may interfere with the exercise of this right except such as is in accordance with the law and necessary in a democratic society for national security or public safety, for the economic welfare of the country, to maintain order, prevent crime, for the protection of health or morals or the protection of the rights and freedoms of others.

Article 10 freedom of expression

(1) Everyone has the right to freedom of expression. This right includes freedom to hold opinions and freedom to receive and impart information and ideas without interference by public authority and regardless of frontiers, and share.

information to the European Convention on Human Rights:
" The European Convention on Human Rights (ECHR) and the Convention for the Protection of Human Rights and Fundamental Freedoms contains a list of basic rights and human rights (Convention No. 005 the Council of Europe)

ECHR jurisprudence. Article 10 ECHR (right to freedom of expression)

The blog will always also decisions of the European Court of Human Rights, cited most of all cases related to Article 10 ECHR. On this page I put together for easy overview links relevant to the decisions (Links lead the English decision, is not an English language version available, a link to the French-language version). [Work in progress!]

European Court of Human Rights:
The European Court of Human Rights (ECHR)

who believes that his rights have been violated for the human rights convention, the European Court of Human Rights in Strasbourg protest. An appeal is allowed only if all previous remedies have been exhausted (ECHR, Article 35, paragraph 1).

The last national Appeal is the constitutional complaint, that is your constitutional complaint is rejected and one or more articles of the European Convention on Human Rights can hurt business, even to the European Court of Human Rights.