December 11, 2012
Lawsuit against “Blick" thrown out of court on a technicality
Translation: It has been decided:
- 1. The request of the plaintiff for legal aid will be denied.
- 2. The legal claims shall be dismissed
- 3. A court fee of 2000.—Swiss-francs will be charged
- 4. The plaintiff will carry the court costs
The municipal court of the town of Meilen dismissed a civil lawsuit against the publisher “Ringier” for their press articles in the Ruetli investigation.
Because the details of the reputation damage were not included correctly in the formal claim, the court decided to disregard all other files. The details in question were printed in a adjournment request, which was a in the following handful of pages. The plaintiff mistakenly believed, that he did not have to repeat the the wordings which had already existed in another section of the file.
Because the details of the reputation damage were not included correctly in the formal claim, the court decided to disregard all other files. The details in question were printed in a adjournment request, which was a in the following handful of pages. The plaintiff mistakenly believed, that he did not have to repeat the the wordings which had already existed in another section of the file.
The court claimed that the file was missing an index (Beilagenverzeichnis).
The following pages were included in the file: (German)
The following pages were included in the file: (German)
Beilagenverzeichnis.pdf | |
File Size: | 759 kb |
File Type: |
The court also claimed the file had been missing a description of the documents enclosed as evidence.
A page with a description and a number assigned was placed before each enclosed document exactly like the sample file attached:(German)
A page with a description and a number assigned was placed before each enclosed document exactly like the sample file attached:(German)
Sachverhalt.pdf | |
File Size: | 3879 kb |
File Type: |
"There were merely four days left before the deadline of the legal claim, of which two days fell on a weekend. That was realistically insufficient time to correct the formalities of the claim by the plaintiff will the expertise of a lawyer.”
Four days would have in fact been plenty of time to correct and rewrite the formal legal claim.
Translation:
“The plaintiff would have only had Saturday, Sunday and Monday to find a lawyer, instruct him and formulate the claim, which was clearly insufficient time.”
Moral of the story: If you are not in a position to finance an expensive media lawyer, you are legally defenseless against any lies, false accusations or damage to your reputation caused tabloid “Blick”.
Those who are wealthy, who have filed lawsuits against the tabloid “Blick”, usually end up with millions in reparations, usually paid in out of court settlements.
“The plaintiff would have only had Saturday, Sunday and Monday to find a lawyer, instruct him and formulate the claim, which was clearly insufficient time.”
Moral of the story: If you are not in a position to finance an expensive media lawyer, you are legally defenseless against any lies, false accusations or damage to your reputation caused tabloid “Blick”.
Those who are wealthy, who have filed lawsuits against the tabloid “Blick”, usually end up with millions in reparations, usually paid in out of court settlements.
Idle Judge:
Barbara Schärer
Weingartenstrasse 35
8707 Uetikon am See
Barbara Schärer
Weingartenstrasse 35
8707 Uetikon am See
A application for legal aid was denied, although the plaintiff was clearly not in a position to finance a civil suite.
The courts took the easy way, where they didn't have to investigate the case.
The courts took the easy way, where they didn't have to investigate the case.