SATL-Database

Claim for compensation for damage to professional advancement (Schaden an beruflichem Fortkommen) - The court of first instance did not assume that the injured party had given up her profession for reasons of persecution. - What is decisive is whether the aggrieved party changed her place of residence for reasons of persecution.

§§ 190, 190a BEG

Compensation for damage to body and health. Entitlement to pension (Schaden an Körper und Gesundheit) - Plaintiff emigrated from Germany to Shanghai in 1939 because of her Jewish ancestry. She was held in the Hongkou District in Shanghai by Japanese Forces until 1945. In 1954 she returned to Munich. She claimed for damage to her health. These were denied. The plaintiff appealed. The appeal is well-founded.

§§ 31 Abs. 2, 190 BEG,

Art. III Nr. 1 Abs. 2, Art. IV Nr. 1 Abs. 1 a und 4, und Nr. 3 BEG-SchlußG

Determination of prosecution damage (Feststellung von Verfolgungsschäden) - Concerns the question when the period of persecution in Slovakia started - The plaintiff fled Slovakia in September 1940. The application was rejected because the plaintiff had left Slovakia before the beginning of the persecution period.

§§ 1 II, 5 I 7. FeststellungsDV; § 113 IV VwGO

Question of the inclusion of Slovakia in the sphere of influence of the German state leadership (Frage nach der Einbeziehung der Slowakei in den Einflussbereich der deutschen Staatsführung) - The plaintiff seeks compensation for household assets after he emigrated in 1939 because he was required to wear a Star of David in Slovakia. As of July 29, 1940, Slovakia was subject to the sphere of influence of the German state leadership. The plaintiff is not entitled to any claim.   § 1 I, II 7. FeststellungsDV, § 7 BGB

Start of the persecution period in Slovakia - Determination of seizure damage to business and real estate assets. The plaintiff was deprived of property during the persecution period. - § 1 Abs. 2 S. 1 7. FeststellungsDV - Slovakia was included in the immediate sphere of influence of the German state leadership at the beginning of 28 July 1940.

§ 1 Abs. 2 S. 1, § 5 Abs. 1 7. FeststellungsDV

Claim for compensation for damage to body and health (Anspruch auf Entschädigung für Schaden an Körper und Gesundheit) - If the claimant has been erroneously classified as a French national and a claim for compensation arises due to the status as a refugee.

§ 160 BEG

Art. III Nr. 2 Abs. 1 BEG-SchlußG, § 33 II BEG

Claim for compensation for damage to body, health and life (Entschädigungsantrag wegen Schaden an Körper, Gesundheit und an Leben). - On whether the late processing by the court gives rise to a claim for breach of official duty for the heir if the original claimant is deceased and the application was rejected for this reason.

§ 249 BGB, § 162 BEG, § 839 BGB

Claim of increased benefits after finding a damage to health and freedom (Klage auf höhere Leistungen nach Feststellung eines Schadens an Gesundheit und Freiheit) - In the case of ethnic German returnees, it must be established that they have been under duress related to their situation as members of the German linguistic and cultural circle to give up their homeland.

§ 150 I, II BEG, Art 3 GG

§ 150 I, II BEG Art 3 GG

Offsetting of compensation payments (Anrechnung von Entschädigungszahlungen auf die Hauptentschädigung nach Enteignung eines Wirtschaftsbetriebs) - The question arises whether and to what extent the compensation payments made have to be offset against the main compensation

§ 6 IV 7. FeststellungsDV

Claim for compensation for damage to body and health (Anspruch auf Entschädigung für Schaden an Körper und Gesundheit) - Concerns question whether the claimant has been erroneously classified as a French national and a claim for compensation arises due to the status as a refugee

§ 160 BEG

Application for compensation for occupational injury (Antrag auf Entschädigung für Berufsschaden). - Question about the compensation period in relation to the moment of abandonment of the occupation. § 75 II BEG

Action for a 5% increase in the health damage pension (Klage auf Erhöhung der Gesundheitsschadensrente um 5%). - Increase is only possible, if the general reduction in earning capacity is at least 80 % but the persecution-related reduction in earning capacity is less than 80%.

§ 15a Abs. 1 Satz 1 Nr. 2 2. DV-BEG

§ 15a Abs. 1 Satz 1 Nr. 2 2. DV-BEG

Request for the determination of a higher occupational injury pension and the subsequent payment of the difference (Antrag auf Festsetzung einer höheren Berufsschadensrente und die Nachzahlung der Differenz) - A pension cannot be increased if the recipient is entitled to compensation and no longer belongs to the group of persons defined in § 150 BEG.

§ 38a 3. DV-BEG, § 150 BEG

Entitlement to compensation for damage to liberty and to body and health (Anspruch auf Entschädigung wegen Schaden an Freiheit sowie an Körper und Gesundheit.). - Can claims for compensation be filed subsequently if the settlement of the claim filed first has become incontestable? § 189 I BEG

Claimant applies for occupational injury widow's pension (Berufsschadenswitwenrente). - Application is rejected because claimant remarried after the death of her husband (1938) and the pension is only eligible for the period from 1.1.1960 until her marriage in August. However, the sum of the pension would not exceed the sum of the lump-sum compensation already paid. The plaintiff says that the shortened period violates the principle of equality. - § 86 IV BEG - The legislature has more freedom of action in granting public-law claims than in encroaching on fundamental rights. The regulation does not violate Art. 3 I GG.

§ 86 IV BEG, Art. 3 I GG

Revision proceedings following action for compensation for damage to liberty (Schaden an Freiheit) - The action failed because the plaintiff was not entitled to claim under § 160 II BEG.

§§ 160 II, 219, 220 BEG

§§ 219, 220 BEG

Right to Compensation (Recht auf Entschädigung) - Constitutional complaint against the regulation that persecuted persons who had their permanent residence in Austria on certain key dates are excluded from compensation benefits (Verfassungsbeschwerde zum Recht auf Entschädigung) - Applicant was excluded from compensation after she fled Austria as a Jew in 1938. - The "Austrian reservation" (Ausschluss der Österreichfälle) in § 7 I 1 of the 11th LeistungsDV-LA in the version of 17.11.1962 did not violate the complainant's fundamental rights under Art. 2 I, Art. 3 I and Art. 14 GG.

Determination of persecution damage (Feststellung von Verfolgungsschäden) - The Jewish plaintiff suffered displacement, damages to assets as well as objects from his veterinary practice, etc. - Concerns question of the beginning of the persecution period in Slovakia

§§ 1 II, 5 I 7. FeststellungsDV

Application for determination of the loss of household furnishings left behind in the event of an escape (Antrag auf Feststellung des Verlustes der bei Flucht zurückgelassenen Wohnungseinrichtung). - Question about the inclusion of Slovakia in the direct sphere of influence of the German state leadership. § 5 I 1 7. FeststellungsDV §§ 1 II 1 5 Abs. 1 Satz 1 7. FeststellungsDV, § 7 BGB

Question about the Jewish plaintiff's German ethnicity (Frage nach der deutschen Volkszugehörigkeit des jüdischen Klägers) - The plaintiff fled Slovakia in 1939 and accompanied his German wife to Germany in 1962. He does not receive a displaced persons card because the German authorities assume that he is a German citizen. The court finds that he belongs to the German people. The appeal is successful.

§ 1 Abs. 2 Nr. 1 BVFG, § 6 BVFG

Damage assessment to nationality assets and persecuted persons' assets (Schadensfeststellung an Nationalitätenvermögen und Verfolgtenvermögen.). - The loss of nationality assets is in principle not ascertainable within the framework of § 9 of the 7th Ordinance on the Determination of Loss if the acquirer has paid the purchase price for the assets with funds that originate from the proceeds of the nationality assets. § 9 Abs. 2 Nr. 1 7. FeststellungsDV

Determination of the seizing of household objects and a return that was not merely temporary. (Feststellung des Entzugs von Hausrat und einer nicht nur vorübergehenden Rückkehr) - A person is deemed to have returned if he or she left his or her home country during the period of persecution and resides there again after the persecution has ended. However, the plaintiff did not return to Slovakia permanently. Damages for the seizing of household objects was rejected because the damage occurred before the persecution period.

§ 1 Abs. 2, 5 Abs. 1, 4 7. FeststellungsDV

Claim for therapeutive proceedings, capital compensation and pension (Klage auf Heilverfahren, Kapitalentschädigung und Rente) - It must be determined whether it can be assumed with high certainty that the reduction in earning capacity of the persecuted person of 25% or more has no causal connection with the persecution.

§ 31 II BEG § 31 II BEG

Reimbursement of care costs due to persecution-related damage to health (Erstattung von Pflegekosten aufgrund eines verfolgungsbedingten Schadens an Gesundheit) - Necessary care is only given if the helplessness of the persecuted person is so extensive that he cannot manage without the help of third parties. It is not sufficient if he/she only needs help from others for individual tasks, e.g. household management.

§ 30 BEG § 9 Nr. 3 2. DV-BEG § 138 BBG § 11 V DV-BEG z. §137 BBG

Free speech (Meinungsfreiheit), Damages (Schadensersatz) for allegations of antisemitismus - concerns a writer on Wikipedia who has contributed to texts about the Arab-Israeli conflict, German Jews and politicians - the writer has described many persons and also the claimant as antizionist and antiamerican - appeal by the writer who claims the general right to personality is not affected severely enough

§ 823 BGB, Art. 1 Abs. 1, 2 Abs. 1 GG

Free speech (Meinungsfreiheit), Damages (Schadensersatz) for allegations of antisemitism - concerns a writer on Wikipedia who has contributed to texts about the Arab-Israeli conflict, German Jews and politicians - the writer has described many persons and also the claimant as antizionist and antiamerican - the court rejects the complaint that alleged that the prior proceedings violated the right to a hearing in court (Anhörungsrüge)

§ ZPO § 321a Abs. ZPO § 321A Absatz 2 ZPO

Action for reporting of the plaintiff's acquittal. (Klage auf Berichterstattung über Freispruch des Klägers.) - Duty of the press that reports on a first-instance guilty verdict must also report on the acquittal at the plaintiff's request - plaintiff was originally named as the author of an antisemitic article from 1935, against this he obtained an injunction but was later charged with negligently making wrongful statements in the affidavit §§ 1004, 823 BGB; Art. 5 GG

Compensation for the expropriation of Jewish shareholders (Entschädigung) -The Jewish department store “R...” in E... was forcibly sold in 1937 due to antisemitic boycotts and state pressure. The NSDAP-affiliated buyer had previously taken part in the “Aryanization” of Jewish businesses. Although the purchase price was about 21% below market value, the court deemed the real abuse to lie in the dismissal of Jewish staff without legal basis and the fact that only 40% of the payment reached the sellers. The conduct was ruled a serious abuse of position and a ruthless exploitation of the sellers' situation.

§ 1 Abs 4 AusglLeistG; §§ 54 Abs. 1, 57 Abs. 1, 57 Abs. 2 Satz 1 BewG

Disciplinary warning letter (Abmahnung) due to alleged antisemitic remarks in the workplace - the employee rejects the allegations - the situation is to be clarified by the establishment of a conciliation committee (Einrichtung einer Einigungsstelle) - concerns the involvement of the labour representative (Betriebsrat) in the proceedings

§ 100 Abs. 1 ArbGG; § 85 Abs. 2 S. 3 BetrVG

Displaying a flag with the image of Abdullah Öcalan at a public meeting may be punishable as using the emblem of a banned organization - the PKK (vereinsrechtliches Kennzeichenverbot).

§ 9 § 20 Abs 1 S. 1 Nr.5 VereinsG