allows the § 89 ZPO it to the agent without authority at its request to be provisionally in the absence of a power of attorney - and in Doubt on bail - to allow. As a process requirement that the request was only until the end of the hearing permitted (BGH, st. Consistent holdings) and the lack of its own motion in the decision to be considered. That the case law of the Federal Court and the ECJ no attention was given to show the below attached press release from District Court of Berlin.
few minutes after this press release is attached below went out of service for this disciplinary complaint, which follows here later on a separate blog entry. The exact reverse decisions of the Federal Court to
Mitstörerhaftung and the European Gerichshof in case Mrs. L. was previously reported in detail here, especially since the Berlin district court decisions that have taken verifiable note. It is thus further compromised, now also responsible for the supervisory authority. More on this later. The President of the Court of Appeal - Press Office - Press release 04/2006
The Charlottenburg District Court today on 17 January 2006 compared the association Wikimedia eV injunction granted repealed, in which the association was prohibited, the Internet address to the Internet address wikipedia.de de.wikipedia.org forward as long as is set at the last address of a contribution that the bu rgerlichen name of the age of 26 years, son of deceased applicant names. The applicant had requested the injunction because of its representation was provided at that time under the domain de.wikipedia.org posts, in which the unadjusted Last name of her late son - one in the art under the pseudonym of "Tron" known computer specialist - was named. This violates the "post-mortem right of personality" of her son. The Court considers that the applicant is entitled to injunctive the mention of her son's middle name is not on the internet, as borne out by the attribution of which does not violate the personal rights of transcending death. The post-mortem protection of personality is primarily focused on the deceased prior false allegations of vilification and humiliation before and gross distortions of his image and life achievements of his life to protect. The same is not given here. Also a violation of their own personal rights of applicants out of the question, because not only of the disputed articles on the website to identify the applicant was possible.
The District Court had on 20 January 2006 at the request of the Wikimedia Society eV the enforcement of the decision pending appeal of the set. Reason for the decision at that time was the balance between the protection of the post mortem naming rights and the fundamental right of free speech. The ban on transfer of de.wikipedia.org wikipedia.de to be - so the reasoning of the decision - are disproportionate given the small number of the naming rights violating contributions in relation to established probable total number of contributions and likely to provoke unforeseeable economic damages.
against today's decision by the Berlin District Court appointment as possible.
(GP-No. 218 C 1001/06, District Court of Charlottenburg).
Contact name: Dr. Stephen Kapp
(Tel: 030-9015 2290)
Source:
http://www.kammergericht.de/presse/PM04_2006.htm
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