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German Law Cases : Institute of Global Law (6919 words) |
 | The Bundesgerichtshof quashed the judgment of the Oberlandesgericht in part, and revised the judgment of the Landgericht in part, so that the defendant in the original proceedings was ordered to refrain from fresh publication of the photographs printed in the magazine "Freizeit Revue" with the picture of the complainant. |
| The Bundesgerichtshof assumes a violation of §§ 22 and 23 of the KUG if pictures are published which have been taken of the person affected in such a situation secretly or by using surprise tactics. |
| For this reason the Bundesgerichtshof did not dispute the prohibition on dissemination of photos from the garden café which are admittedly a subject of the decisions challenged, but not of the constitutional complaint. |
| International Law In Brief - March 18-31, 2000 (2555 words) |
| The Bundesgerichtshof further rejected the defendants' argument that there was a break in the chain of causation in regard to one death due to the resolution in question being traceable to their predecessors in power. |
| Nor did the Bundesgerichtshof accept the defendants' argument that the differences in the concept of causation between the FRG and GDR were different enough to warrant a reversal. |
| The Bundesgerichtshof held that the actions of the accused were illegal and unjustified under both GDR border law and the doctrine of State Practice. |
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