Axel Springer must once again pay Jörg Kachelmann compensation for pain and suffering
After his acquittal from the accusation of rape, the Swiss weather presenter Kachelmann went to court over media reports in which he felt his personal rights had been violated. A judgment against Springer has now become final: the media company must pay once again.
The German media company Axel Springer (Image) must once again pay weather entrepreneur Jörg Kachelmann compensation for pain and suffering. The Federal Court of Justice (BGH) rejected an appeal by the company. It had objected to the fact that no appeal had been allowed against a ruling by the Cologne Higher Regional Court (OLG) from 2016. This makes the OLG decision legally binding.
Springer must pay the 60-year-old compensation of 170,000 euros. Including damages and interest since August 2010, the amount amounts to around 236,000 euros, said Kachelmann's lawyer Ralf Höcker on Thursday. The NDR magazine "Zapp" first reported on the matter.
In response to an inquiry, Springer stated that the decision by the judges in Karlsruhe was noted with regret. "Insofar as our appeal against denial of leave to appeal was rejected, we consider the decision to be wrong and not appropriate to the importance of the freedom of reporting protected by fundamental rights. We are therefore examining the possibility of a constitutional complaint." According to an OLG spokesperson, however, this would not have a suspensive effect.
The BGH ruling of July 23, 2018 concerned publications in the online edition of the Image-newspaper. The BGH only allowed an appeal with regard to an amount of 10,000 euros for a photo of Kachelmann in front of a law firm.
Personal rights "seriously violated"
Kachelmann was acquitted of the charge of rape in 2011. In the reporting on his trial, the Image-According to the Cologne judges, the newspaper repeatedly and seriously violated Kachelmann's personal rights in its printed edition and online. The Higher Regional Court did not allow an appeal against the decision. With regard to the print edition, the BGH had already rejected Springer's appeal against denial of leave to appeal in the spring. In the proceedings, the OLG had set the compensation at 215,000 euros.
According to Höcker, the total compensation for pain and suffering including interest for both proceedings together amounts to more than 530,000 euros. Springer did not comment on specific amounts of money. Kachelmann wrote on Twitter: "This concludes the legal proceedings of 2010/2011 for me."
His lawyer told the news agency DPA that his client was not only the victim of a false accusation, but also of a terrible campaign by the Image-newspaper. The sum of money could not compensate for the damage suffered. "Nevertheless, we are delighted with this success." (SDA)
