E. Diese Entscheidung ist einstimmig ergangen. 157 Harbarth Masing Paulus Baer Britz Ott Christ Radtke 46/47

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The Case of Mr T

Case Law

Country

Country Location

Latitude: 51.168768345617636

Longitude: 10.094236493110516

Case Outcome (Procedural)

Case Outcome (Disposition)

Keywords

Case Summary: The Federal Constitutional Court of Germany reversed a Federal Court ruling that an individual convicted of murder did not have the right to have his name removed from online articles about the murder and his trial. The individual had sought to have his name removed from the articles published by a German magazine and the articles themselves removed from general internet search results of his name. The Federal Court had held that the magazine’s right to freedom of expression outweighed the individual’s personality rights. However, the Federal Constitutional Court held that the Federal Court had not given enough weight to the impact of the articles on the individual’s everyday life and had not considered all the options open to the magazine to balance their right to freedom of expression with the individual’s personality rights. The Federal Constitutional Court noted that the Federal Court is the appropriate forum to determine a suitable solution and so remanded the case back to the Federal Court for a final determination.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.