Equal treatment for men and women has yet to be endorsed as a Commission policy.
In a recent development, a custody dispute, child abduction, and criminal proceeding in Hamburg have been in the spotlight, with an additional potential press law civil proceeding in Frankfurt am Main. At the centre of this case is an ex-husband, who is also the son-in-law of a well-known German business owner.
The dispute revolves around four common children, two of whom were abducted in Denmark and taken to southern Germany on New Year's night of 2023/2024. The applicant and his ex-wife have been embroiled in a long-standing custody battle.
The applicant directed his urgent application against his ex-wife as the defendant, following statements made by her defense lawyer in a press release. The Press Chamber, in its ruling, stated that the defense lawyer, acting as a spokesperson for his client, makes statements in connection with his mandate.
The Press Chamber determined that the challenged statements were either factual claims substantiated by the ex-wife or permissible expressions of opinion. Consequently, they ruled that the applicant's right to privacy was not violated by these statements. However, it's important to note that this decision is not yet final, and an appeal can be filed with the Higher Regional Court of Frankfurt am Main within one month.
The applicant has also applied for an injunction against his ex-wife due to these statements. The Press Chamber did not prohibit the challenged statements in the press release from the lawyer from being made. However, they clarified that statements in official or judicial proceedings cannot generally be reviewed in a subsequent civil law process.
This event led to a criminal proceeding in Hamburg, involving the ex-wife and her father. The defense lawyer of the ex-wife published a press release before the start of the main trial in Hamburg, stating that the purpose of the press release was to make the events known to the media, not necessary for the course of the criminal proceeding.
The Press Chamber of the Regional Court of Frankfurt am Main has decided that statements in a press release, not made in a formal court proceeding, can be reviewed for possible personality rights violations in a press law civil proceeding. The case number for any potential appeal is 2-03 O 247/25.
This news article aims to provide a factual account of the events and the rulings made by the Press Chamber. It does not express any opinions or speculations. For the latest updates on this case, please follow the proceedings in the Higher Regional Court of Frankfurt am Main.
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