Complain falls short, Becker perseveres through obstacle.
In a significant legal victory, former tennis star Boris Becker has won his lawsuit against TV comedian Oliver Pocher for damages. The case, identified as Case VI ZR 393/23, has been making headlines in Germany since it was first launched.
The dispute arose from images featured in Pocher's controversial show "Pocher - dangerously honest." During an episode, the show launched an appeal for donations under the slogan "Make Boris rich again." Becker received a three-digit euro amount during the show, hidden in a supposed fashion prize.
The first instance found that the donation was visible, but Becker was unaware of it. However, the Higher Regional Court in Karlsruhe, where Becker won the case in November 2023, ruled that Becker was entitled to damages due to the negative impact on his reputation.
Neither Becker nor Pocher appeared in court during the case. Pocher attempted to defend himself against this at the Federal Court of Justice (BGH), but his complaint against the non-admission was rejected.
Patricia Cronemeyer, Pocher's lawyer, considers the rejection of the non-admission complaint unacceptable. She is currently considering filing a constitutional complaint to overturn the BGH ruling, which upheld Becker's right to claim damages against Pocher.
According to the previous ruling, Pocher was no longer allowed to distribute controversial image sequences from the TV contribution. He was also required to delete the relevant film clips from his own internet presence.
The ruling by the Higher Regional Court of Karlsruhe in favor of Becker has now become legally binding. Samy Hammad, Becker's lawyer, stated that their legal opinion has been confirmed by the ruling. Boris Becker's legal recourse in the case against Oliver Pocher is now exhausted.
The Federal Court of Justice, located in Karlsruhe, Germany, is the final instance in the German legal system. The court's decisions are binding and have a significant impact on the interpretation of German law.
This case serves as a reminder of the importance of respecting individuals' rights and the potential consequences of defamatory actions in the public eye. As the legal proceedings come to a close, both parties will need to consider their next steps carefully.
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