CMS Hasche Sigle successfully represents Morgenpost publisher against former chancellor Gerhard Schröder

Hamburg – Hamburg Regional Court has dismissed the lawsuit brought by former federal chancellor Gerhard Schröder with the aim of having an apology printed by the publisher of "Hamburger Morgenpost am Sonntag" newspaper.

Michael Fricke, press law expert and partner at CMS Hasche Sigle, successfully advised and represented Morgenpost Verlag GmbH in this legal dispute.

The background to the dispute (case ref. 324 O 194/10) was a drink-driving incident involving Margot Käßmann, the former head of the Protestant Church in Germany (EKD). A lawyer had stated in an Internet blog that according to reliable sources former chancellor Schröder was in the car with Käßmann at the time. Schröder took out a cease-and-desist injunction to stop the allegation. The "Hamburger Morgenpost am Sonntag" reported on the matter in a front-page lead story ("Käßmann drunk at wheel – Was Schröder sitting next to boozed-up bishop? – Hamburg lawyer exposes former chancellor – He denies it – the case is now coming before the courts") as well as a continuation of the report on pages 2 and 3.

The court dismissed the lawsuit on the grounds that although it was undisputed that Gerhard Schröder had not been a passenger in the car, Schröder was not entitled to have an apology published. The requirement of "sustained adverse effect on his reputation" was not met, the court explained, adding that this would only be the case if there was a substantial and sustained loss of reputation. The judges did not see any substantial reputation-impairing elements in the disputed reporting by the "Hamburger Morgenpost am Sonntag".

The claimant has one month to appeal against the decision.

Advisers CMS Hasche Sigle:
Michael Fricke, Copyright and Media