Entertainment ECJ deals with Holocaust survivor's lawsuit against German publisher

14:34  23 february  2021
14:34  23 february  2021 Source:   pressfrom.com

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In the opinion of an advocate general at the European Court of Justice (ECJ), a Polish court can be responsible for the action brought by a Pole against a German publisher for personal violation - even if the plaintiff is in the relevant party Article is not mentioned. However, the court must check that the publisher could reasonably foresee that damage could occur to Polish readers, he restricted on Tuesday in Luxembourg. It was about the legal dispute between a Holocaust survivor and the Mittelbayerischer Verlag. (Az. C-800/19)

Ein polnisches Gericht kann laut einem EuGH-Generalanwalt im Ausnahmefall für die Klage eines Polen gegen einen deutschen Verlag zuständig sein. © INA FASSBENDER According to an advocate general of the European Court of Justice, a Polish court can, in exceptional cases, be responsible for an action brought by a Pole against a German publisher.

For a few hours the publisher incorrectly referred to the German National Socialist concentration camp Treblinka, which was located in occupied Poland, as the "Polish extermination camp" in an article on its news page. He later corrected the expression. The article was about another Holocaust survivor.

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The plaintiff, a former prisoner of the Auschwitz extermination camp, went to court in his place of residence in Poland. He demanded a public apology from the publisher and the payment of the equivalent of 11,000 euros to the Association of Former Political Prisoners. In addition, the publisher should be prohibited from spreading the wrong expression in all languages.

The Warsaw district court rejected the publisher's motion to dismiss. He could have foreseen that the article would also reach readers in other countries such as Poland, it said. Poland can therefore be seen as the place where personal rights have been violated.

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The publisher appealed against this and justified it, among other things, by stating that the article was not about the plaintiff. The publisher could therefore not objectively predict where he could be sued. He saw it as a violation of European law. The appeals court in Warsaw suspended the proceedings and submitted them to the ECJ.

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Usually in the EU a court of the country in which the defendant is domiciled has jurisdiction. But there are exceptions. Advocate General Michal Bobek saw such an option in his report on Tuesday. He thought it possible that a German publisher could have foreseen that someone in Poland could feel attacked by the wrong expression - especially since German is also spoken in many areas outside Germany.

However, the national court must decide whether the plaintiff's personal rights were actually infringed by the briefly published expression. The question arises whether the plaintiff could successfully assert that he had suffered specific damage. The Polish court must ensure that the defendant is not subjected to stricter regulations than in his home country.

The ECJ does not have to follow the opinion of the Advocate General in its judgment, but it often does. A judgment date has not yet been set.

smb / cfm

A 95-year-old German woman has been charged with complicity in the murders of 10,000 people while working as a Nazi concentration camp secretary when she was a minor .
The unnamed woman has long maintained that she didn't know about the mass executions that took place at the Stutthof Camp, where 65,000 were murdered.While the woman has not been publicly named, due to Germany's privacy laws, a reporter with German public broadcaster NDR interviewed her in 2019, and referred to her as "Irmgard F.

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