Judicial decision. - The German judicial system is not obligated to examine the legacy of Ratzinger.
The justice system in Germany is exempted from the responsibility to search for potential heirs of the late Pope Benedict XVI, according to a recent ruling in Bavaria's Higher Regional Court (OLG) in Munich. This decision aligns with the stance of the District Court in the state capital. A plaintiff who had filed a civil lawsuit for abuse in the Catholic Church sought the order for locating Ratzinger's possible heirs at a German court, resulting in failure. The ruling by the Higher Regional Court is final.
Reasonable to Proceed in the Vatican
The OLG's decision states that it's feasible for the plaintiff to begin a process to identify Ratzinger's potential heirs at courts in the Vatican City State, where the former pope resided regularly prior to his passing. The court claims it is unaware of any "existence of an inheritance estate" associated with Ratzinger, such as monetary assets or German real estate.
His childhood house in Marktl, Upper Bavaria, as well as his former residence in Pentling, Upper Palatinate, were claimed by a church foundation and the "Institut Papst Benedikt XVI." at the time of Ratzinger's demise.
Halted Civil Proceedings for Heir Search
The question of Ratzinger's potential heirs is pertinent for legal actions in Traunstein, where the late Pope Benedict XVI was initially among the defendants. He served as the cardinal archbishop of Munich and Freising when a priest in his diocese, believed to have sexually abused the plaintiff in Garching an der Alz during the mid-1990s, was repositioned.
However, the lawsuits against Ratzinger were parted due to uncertainty over who would succeed him legally and assume the inheritance. Hence, the proceedings in this regard are suspended.
The plaintiff seeks compensation totaling at least €300,000 from the archdiocese in the civil proceedings. The plaintiff appeared before the court in person in January. The plaintiff is one of the numerous victims of the priest, whose case was the most notorious among those presented in the 2019 report concerning sexual abuse in the Catholic Archdiocese of Munich and Freising.
Plaintiff's Lawyer Expresses Intent to Appeal
The legal representative of the plaintiff in the Traunstein proceedings voiced criticism of the decision made by OLG Munich on Friday. "The ruling by the OLG Munich is inadequate and disregards the fact that a German citizen cannot access a Vatican inheritance court to appoint a representative under Vatican law," stated lawyer Andreas Schulz to the German Press Agency. The OLG allegedly overlooked this fact, warranting a possible subsidiary jurisdiction by the District Court.
As a result, Schulz declared an appeal for the matter, as well as a complaint to the Federal Constitutional Court in Karlsruhe.
