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Falcone: redactions exaggerated


Falcone: redactions exaggerated

The client letter reported on the very questionable decision of the Regional Court of Frankfurt am Main, according to which Judge Giovanni Falcone no longer had a post-mortem right of personality in Germany, because the memory of him had faded in Germany - except in professional circles. We are hopeful that the Higher Regional Court will put an end to this peculiar ruling. The decision of the Regional Court has meanwhile been published in a leading German law-journal (GRUR-RS 43773,2020).

In his editorial to NJW 22/2021, Hauck rightly points out that the decision is hardly readable due to the many redactions. Absurdly, the Regional Court justified the redaction with the protection of the right of personality of the judge, which it denied in the decision itself....

Hopefully, we will soon be able to report on a successful appeal.