The AfD member of parliament Jens Maier wants to challenge a ruling of the district court of Berlin, which obliges him to pay 15,000 euros compensation to the artist Noah Becker. "Of course we appeal," Maier's lawyer Maximilian Krah told SPIEGEL.
The decision of the responsible press chamber was flawed in several respects, said Krah. Only the amount of the sum was "grotesquely oversubscribed". One will bring the case in doubt "up to the Federal High Court".
Maier had his lawyer the verdict "with great surprise note". The right-wing politician, Richter aD, was formerly a member of a press chamber at the Dresden district court.
Beckers media lawyer Christian-Oliver Moser told the SPIEGEL: "The decision of the district court is very convincing.
Racist tweet
The cause of the dispute is a racist tweet, which was sent in early 2018 from the official Twitter account of the politician. In it Becker, son of tennis legend Boris Becker, because of his dark skin color is called "little half-negro". The AfD man claims that not he wrote the entry, but one of his employees, who was responsible for maintaining the account.
A criminal case on suspicion of insulting set the prosecutor Dresden in late summer. Maier's co-worker officially admitted that he had published the tweet without prior consultation - thereby diverting the investigation. A claim for 15,000 euros in compensation kept the Becker side upright. It is a serious violation of personal rights. Maier is responsible as an account owner for the tweet.
The court fully justified Becker in the previous week. In the written opinion, which is the SPIEGEL, it says: Even if the employee has written the entry, Maier is responsible for it. He had waived a control lump sum and took a risk. "Relief is not possible with respect to serious personal rights violations."
"That should never have happened"
The amount of the compensation is explained by the fact that the serious insult had been widely disseminated. Becker and Maier have taken into account the economic circumstances, as well as Maier's function as member of parliament. Basically, compensation should not only bring personal satisfaction, but also deter imitators.
Maier's lawyer Krah said: "The German law on damages is a liability for the behavior of third parties." Why this case should be an exception, it does not open to him. It is clear that the tweet is an insult. "That should never have happened."
Until February 21, Maier can appeal to the Berlin Court of Appeals. The next and last ordinary instance would then be the Federal Court of Justice. A revision after a decision of the court of appeal would not be automatically possible.
Becker had Maier first suggested that politicians should donate 7500 euros for a charitable organization. In that case, Becker would have waived the civil action. The politician refused, Becker moved to court.