SATL-Database

Free speech and general right to personality (Meinungsäußerungsfreiheit und Allgemeines Persönlichkeitsrecht) - question whether singer can be called an antisemite

Art. 5 Abs. 1 Satz 1 GG, Art. 2 Abs. 1 GG, § 1004 Abs. 1 und § 823 Abs. 2 BGB iVm § 186 StGB, § 193 StGB

General Right to personality and freedom of speech (Meinungsäußerungsfreiheit und Allgemeines Persönlichkeitsrecht) - question whether a singer can be called an antisemite

§ 823 Abs. 1, § 1004 Abs. 1 S. 2 BGB; Art. 1 Abs. 1, 2 Abs. 1, Art. 5 Abs. 1 GG; Art. 8 Abs. 1, Art. 10 EMRK

Restitution (Restitution) - Reintegration of Jewish couple in appartement, in which they where exploiting a business - Superintendent, in charge of their business under Vichy laws, gave the owner of the appartement notice, without the consent of the couple.

Art. 11 Ordonnance du 21 avril 1945

Incitement - publisher of an antisemitic article in "The Morecambe and Heysham Visitor" is indicted for seditious libel - context of violence against British soldiers in Palestine - defendant is acquitted after persuading the jury that the article was not meant as an incitement to violence against British Jews

Validity of German decree that withdrew citizinship from Jew in English law - Case concerned the effectivenes of a patent, the Jewish claimant had lost after his German citizenship was withdrawn by the Nazis

Patents and Designs Acts, 1907-1946, Sec, 18 (6)

Restitution (Restitution) - Person of Jewish faith took refuge in England in 1942 and left the apartment of which he was a tenant in Paris - The apartment was rented by the owner to somebody else in 1943, without terminating the tenancy granted to the Person who had to seek refuge either by agreement or court order – The Jewish refugee is considered to still being the tenant and the appartement has to be restituted to him – confirmation of the application of the law by cour d’appel

Article 1719 Code civil

Restitution (Restitution) - Person of Jewish faith took refuge in England in 1942 and left the apartment he rented in Paris - Apartment was rented by the owner to somebody else in 1943, without terminating the tenancy granted to the Person of Jewish either by agreement or by court order – Jewish refugee is found to still being the tenant and the appartement has to be restituted to him.

Article 1719 Code civil

Restitution of a looted business asset (Restitution d’un fond de commerce spolié) – sales made by the superintendent of business assets belonging to Jews are null and void – does not matter if Jewish owner was present during sale.

Art. 1 ordonnance du 21 avril 1945

Breach of the peace - Concerns a public meeting in Trafalgar square in 1962, where the defendant uttered antisemitic remarks, amounting to a contravention of Sec. 5 of the Public Order Act (1936) - Reversal of a lower courts' decision allowing the defendant to appeal

Section 5 of the Public Order Act from 1936

November Progroms of 1938 - Trespassing (Landfriedensbruch) - demolishment and destruction of the Limburg synagogue

§ 125 Abs. 2 StGB

Right to a fair trial (Recht auf ein faires Verfahren) - A Jew claims that his right to be heard (rechtliches Gehör) was violated - the main trial of a criminal process, in which he was the defendant, took place on the first day of Sukkot. As an observant Jew he was not able to testify on a Jewish holiday. The trial proceeded nevertheless - The Court overturnes the verdict of the lower court

§§ 136, 243, 257 and 258 StPO; Art. 103 Abs. 1 GG.

Incitement (Bekundung von Rassenhass) - The defendant is accused of stirring up an antisemitic rumour about an act of Jewish revenge during the Second World War - The court determines that criminal antisemitic hate propaganda amounts to racial hatred according to the constitution of the GDR

Art. 6 of the Constitution of the German Democratic Republic, Abschn. II Art. III A III KRD Nr. 38

Antisemitic Insult, Defamation (Beleidigung, üble Nachrede) - The defendant had sent a postcard with antisemitic remarks that trivialise the holocaust to a friend - He was accused of insult (Beielidigung) in combination with defamation (übler Nachrede) and disparagement of the memory of the deceased (Verunglimpfung des Andenkens Verstorbener) - Reversing the decision of the appellate court and confirming the decision of the court of first instance, the Bundesgerichtshof argues that the Jewish Holocaust in survivors Germany are a clearly delineated group and as such are capable of being offended (beleidigungsfähig).

§ 185 StGB, § 121 Abs. 2 GVG

Insult of officials of the state (Verächtlichmachung des Staates) - Publication of the rightwing, antisemitic magazine "Widerhall"

§ 96 Abs. 1 und 3 StGB a. F. von 1951

Épuration administrative (denanzification) - Cancelation of a decree of the Minister of Justice - Removal of a judge of a court of first instance for collaboration with the enemy and severe judgments in application of the racial laws.

Ordonnance du 27 juin 1944, Ordonnance du 31 Juillet 1945

Compensation (Entschädigung) - Plaintiff was not appointed to the civil service - When filing the application, the plaintiff did not state open that he had received the notice confirming that he was of "German blood" - Discretionary power with regard to the question of whether an element of forfeiture has been fulfilled.

§ 31 I BWGöD

Compensation for damage to household (Hausratentschädigung) - Concerns jurisdictional issues as well as questions regarding the plaintiff's German ethnicity.

§ 6 BVFG

"Application for issuance of a displaced persons card (Antrag auf Ausstellung eine Vertriebenenausweises) - Concerns the rejection of a displaced persons card for a German-speaking Jew who was persecuted under national socialism and fled Czechoslovakia in 1948

§§ 1 Abs. 2 Nr. 3, 2 Abs. 1, 6 & 15 BVFG; § 2 Abs. 1 Gesetz z. Wahrung der Einheitlichkeit der Rechtsprechung der obersten Gerichtshöfe des Bundes" §§ 1, 6 BVFG

Damage assessment due to loss of assets (Schadensfeststellung wegen Verlust an Wirtschaftsgütern) - Concerns the nature of German ethnity outside of Germany and how it needs to be demonstrated by a Jew - Ethnicity within the meaning of § 6 BVFG is not the same as the requirement of § 4 BEG

§ 359 II LAG; § 11a II FG; § 6 BVFG, § 5 Abs 1 S 1 7. FeststellungsDV

Commitment to German ethnicity (Angehörigkeit zur deutschen Volksgruppe) - Plaintiff was a Jew born in Poland who belonged to a Zionist organisation - The court did not find any evidence that the plaintiff belonged to the German people

§ 1332 VwGO, § 11 LAG, § 6 BVFG

Loss of assets (Verlust von Wirtschaftsgütern) - concerns the plaintiff's place of residence and ethnicity

§§ 1, 5 7. FeststellungsDV

Compensation for damage to business assets and household effects (Schaden an Wirtschaftsgütern und Haushalt) - The plaintiff did not have his permanent residence in the Federal Republic on 31 December 1952.

§ 230 LAG, § 5 7. FestsellungsDV

Damage to household effects (Schaden an Haushalt) - Concerns the cut-off date requirements of § 230 LAG and the plaintiff's ethnicity

§§ 5 Abs 1, 6 BVFG; § 230 LAG iVm § 9 Abs. 1

Offsetting of compensation payments (Anrechnen von Entschädigungszahlungen) - Uncertainties as to whether and to what extent the Jewish property levy (Judensvermögensabgabe) was payed with money from the selling of a shop - court aims to avoid granting compensation for something that has already been compensated in earlier BEG-proceedings

§ 6 Abs 4 11. LeistungsDV-LA

Determination of expropriation damage and question of the German ethnicity of a Jew living in Bukovina (Feststellung der deutschen Volkszugehörigkeit und Feststellung eines Entziehungsschadens) - The court could not establish that the applicant was included in the direct sphere of influence of the German state leadership. The affiliation with the German nationality is denied - It is not sufficient to work as an agent for a German newspaper.

§ 6 BVFG, § 5 I 7. FestellungsDV

Establishment of German ethnicity and persecution damages (Feststellung der deutschen Volkszugehörigkeit und Verfolgungsschaden) - The court argues the plaintiff has not provided evidence that he was willing to be an ethnic German

§ 5 I 7. FeststellungsDV, § 6 BVFG, § 132 II VwGO

§ 5 I 7. FeststellungsDV § 6 BVFG § 132 II VwGO

Claim for pension payments against Jewish employers (Anspruch auf Versorgungszahlen gegen jüdische Dienstherren) - The Jewish plaintiff was not in a permanent employment relationship and did not perceive it as such - The legal basis for the pension claim is therefore lacking.

§ 31 d BWGöD, §§ 132 II, III, 144 VI VwGO

Determination of expropriation damages (Feststellung eines Vertreibungsschadens) - Plaintiff took over the business of a Jew but lost it in the course of the expropriation of Germans from the former Sudetenland

§§ 1, 2 II, 5 I, 8 7. FeststellungsDV

Determination of the German ethnicity of a Czechoslovak citizen (Feststellung der deutschen Volksangehörigkeit einesrtschechoslowakischen Bürgerin) - Determination whether the plaintiff was an ethnic German when the persecution began - Examinations of whether her contribution to german associations and drama groups are proof of her German ethnicity - The case must be reexamined by the administrative court.

§ 5 I 1 7. FeststellungsDV, § 6 BVFG

Pension payment in the context of compensation law (Wiedergutmachungsrechtliche Versorgungszahlung) - The plaintiff was not subjected to any direct persecution measures, but was merely employed as a non-Jew by a Jewish employer and lost his job in the course of the persecution measures against Jews - The conditions for entitlement to compensation are not met.

§ 31d BWGöD