Hamburg District Court

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Criminal justice building of the Hamburg district and regional court

The Hamburg Regional Court is a court of ordinary jurisdiction and the only regional court in the district of the Hamburg-based Hanseatic Higher Regional Court . The district court president has been Marc Tully since September 19, 2018 . Sibylle Umlauf was President from 2009 until her retirement on March 31, 2018 . Vice-President has been Bernd Lübbe since 2014 .

Seat and District of the Court

The seat of the court is the Free and Hanseatic City of Hamburg . The 755 km² judicial district covers the entire area of ​​the city-state with 1,841,179 inhabitants.

The Hamburg Regional Court is also responsible for legal disputes over technical property rights for the area of ​​the Free Hanseatic City of Bremen and the states of Mecklenburg-Western Pomerania and Schleswig-Holstein .

building

The court is located at Sievekingplatz 1 (civil justice building) and Sievekingplatz 3 (criminal justice building). The civil justice building, its extension, the criminal justice building opposite with the attached remand prison on Holstenglacis and the Hanseatic Higher Regional Court form a listed ensemble as the Hamburg Justice Forum .

Superordinate and subordinate courts

The Hanseatic Higher Regional Court is superordinate to the Hamburg Regional Court. The district courts of Hamburg , Altona , Barmbek , Bergedorf , Blankenese , Harburg , St. Georg and Wandsbek are subordinate .

Known procedures

  • 1950: The LG Hamburg forbade Erich Lüth to call for a boycott of a film by the former Nazi propaganda director Veit Harlan . The judgment is only overturned by the Federal Constitutional Court eight years later because of a violation of the fundamental right to freedom of expression .
  • 1963 to 1965: Mariotti trials in which the accused was first convicted and later acquitted.
  • 1985: In the trial of the forged Hitler diaries , the LG sentenced Konrad Kujau to four and a half years in prison.
  • 1991: In the proceedings surrounding the illegal police operation at the Hamburger Kessel , the LG issued a warning with reservation of punishment against the responsible police officers because of 861 deprivation of liberty .
  • 1998: The regional court passed a civil judgment on liability for web links. Many website operators then distanced themselves from the content of the linked external websites with a general disclaimer , citing the judgment , as the court allegedly recognized this procedure as an effective way of distancing themselves from illegal linked content. On the contrary, the court found that when linking a third-party page from your own website, it is not sufficient to point out the responsibility of the author of the linked page in order to effectively distance yourself.
  • 2001: The judge and right-wing populist Ronald Schill was acquitted of the charge of perversion of the law
  • 2004: The LG Hamburg forbade Springer-Verlag to claim that Günter Wallraff was an unofficial employee of the GDR State Security.
  • 2019: Proceedings against the former SS man Bruno Dey

Press Chamber

There are a number of civil chambers with special responsibilities at the Hamburg Regional Court. Civil Chamber 24 of the Hamburg District Court, which is responsible for disputes due to violation of personal rights, violation of the protection of honor or interference in the law of the established and exercised business enterprise directly through publications through the press, film, radio, television or other mass media or through reports from press agencies, which It was headed by judge Andreas Buske until 2011 and since then by the presiding judge Simone Käfer, has become known nationwide from around the year 2000 onwards through a case law which, to a degree which is also controversial among experts, the priority of personal rights over concerns of freedom of the press and freedom of expression emphasizes and has very strict copyright requirements for Internet publications. Due to these special features and as a consequence of the principle of “ flying jurisdiction ”, media law cases are often heard at the Hamburg Regional Court in which neither the plaintiff nor the defendant have any connection to Hamburg.

criticism

In May 2016, the lawyer Udo Vetter criticized the alleged " Hamburg monopoly " in his law blog , as a "strange concentration of interpretative sovereignty in the right of expression ". He sees the reason why " the vast majority of plaintiffs " choose the flying jurisdiction there is that " [...] the Hamburg Regional Court [...] is the safest bank when it comes to the plaintiffs' right of expression So ultimately against freedom of expression. "From the Böhmermann affair , in the course of which Recep Tayyip Erdoğan applied for an injunction at the Hamburg district court, he hoped for" enough impetus to vigorously question this strange, flying jurisdiction Hamburg judiciary about what may and may not be said in Germany should in any case be put to the test. "The injunction against Böhmermann, however, also stood before the Hamburg Higher Regional Court and the Federal Court of Justice.

See also

literature

Web links

Individual evidence

  1. ↑ Dr. Marc Tully is the new President of the District Court. Retrieved September 19, 2018 .
  2. ^ Farewell to the LG President
  3. ↑ Head of the LG Hamburg
  4. ↑ § 1 of the agreement on the jurisdiction of the Hamburg Regional Court for legal disputes over technical property rights , GVOBl. MV 1993, p. 919.
  5. ↑ List of monuments of the Free and Hanseatic City of Hamburg (PDF; 9.3 MB), under the identity numbers 12620–12622.
  6. ↑ Judgment of the Hamburg Regional Court, file number 312 O 85/98
  7. ^ Business distribution plan of the LG Hamburg for 2010 (PDF; 1.3 MB), p. 52.
  8. ↑ LG Hamburg: Google's image search is against copyright . heise online , October 14, 2008.
  9. ↑ The flying jurisdiction . Jan-Philipp Hein, Kölner Stadtanzeiger , October 23, 2007
  10. ↑ Merciless judges endanger Web 2.0 in Germany . Konrad Lischka, Spiegel Online , June 21, 2007
  11. ↑ The end of the interview? Adrian Schimpf, Spiegel Online , May 8, 2008
  12. ↑ Frustration of journalists - court rulings hinder reporting ( Memento of February 11, 2010 in the Internet Archive ). Gita Datta, Josy Wübben, manuscript for the NDR television program Zapp , May 27, 2009
  13. ↑ a b c d e Udo Vetter : The Hamburg monopoly. law blog , May 18, 2016, accessed May 18, 2016 .

Coordinates: 53 ° 33 ′ 20.3 "  N , 9 ° 58 ′ 34.9"  E