Federal Court of Justice

Communication of the press office


No. 192/2017

Hearing on the 6th of February, 2018, 9.00 o'clock, in the matter of VI ZR 76/17 (action for injunction of Federal President a. D. Christian Wulff against the publication of pictures of a supermarket purchase)

Circumstances:

The plaintiff is a former Federal President, the defendant a magazine publishing company. On the 13th of May, 2015 the defendant published an article about the plaintiff and his wife in the illustrated "People" under the heading "dear comeback" and illustrated this article with two photos from which one showed the plaintiff by a full shopping cart, the second one the plaintiff and his wife in the car. On the 20th of May, 2015 the defendant published in the magazine "Neue Post" under the heading "after the reconciliation - Christian Wulff - Who loves Bettina who pushes!" an other article about the plaintiff and his wife and she illustrated the article with the same photo of the plaintiff by a full shopping cart.

Present process course:

The district court has granted on omission of the pictorial report allowance directed complaint. The appeal of the defendants achieved no success. In the opinion of the higher regional court injured the publication of the pictures which showed the plaintiff with a private and for themselves taken insignificant process and which lacks every relation to the political activity of the plaintiff, this in his privacy. With from the VI civil senate of the Federal Court of Justice admitted check the defendant follows up her dismissal of action desire.

Preauthorities:

District court of Cologne – judgment from the 27th of April, 2016 – 28 O 379/15

Higher regional court of Cologne – judgment from the 19th of January, 2017 – 15 U 88/16

The regulations decisive here are:

§22 sentence 1 KunstUrhG

Portraits may be spread only with approval of the illustrated or be displayed publicly.

§23 paragraph 1 No. 1 KunstUrhG

Without after §22 necessary approval may be spread and be displayed: Portraits from the area of the contemporary history.

§23 paragraph 2 KunstUrhG

Nevertheless, the competence does not apply to a spreading and show position by which a legitimate interest of the illustrated is injured.

Karlsruhe, 6th of December, 2017

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