- The Court of Justice has decided to stay proceedings in respect of the judgment of the Court of First Instance in Boateng v Commission.
In the dispute surrounding statements made by former football national player Jérôme Boateng about his ex-partner Kasia Lenhardt, the Berlin Court of Appeals is endeavoring to reach an out-of-court settlement. The presiding judge, Oliver Elzer, proposed a compromise during the oral hearing in the appeal process: Boateng would issue a cease-and-desist declaration, and the plaintiff would bear the costs of the current proceedings.
The lawyers initially reacted cautiously but will consult with their clients. If no compromise is reached in the next few weeks, the court will issue a ruling.
Mother of Ex-Partner Files Lawsuit
The court is reviewing, in the second instance, a cease-and-desist lawsuit filed by the mother of the model who died in February 2021, seven days after the interview was published. The Berlin Regional Court had prohibited Boateng from making a certain statement in November 2022. However, the plaintiff is seeking to prevent five additional statements. "She wants to prevent statements about her deceased daughter that contain untruths," explained lawyer Markus Hennig.
In the interview, Boateng spoke, among other things, about arguments in the relationship. His statements distorted the image of her daughter, the plaintiff argues.
Boateng's lawyer, Stephanie Vendt, once again stated in court that the footballer regretted the interview and had no intention of repeating his statements. She said they were generally open to a compromise.
Court Expresses Doubts About Success of Lawsuit
However, it is disputed how far this compromise should go. From the plaintiff's perspective, a compromise would only be conceivable if Boateng issued a so-called penalty cease-and-desist declaration. This means that if the 35-year-old does not comply, he would have to pay a fine. The court could imagine a sum of 25,000 euros, as Judge Elzer said.
Boateng's lawyer sees such a comprehensive declaration skeptically and finds little reason for it. The court expressed doubts about the success of the lawsuit during the hearing. The background is the so-called post-mortem personality right.
To enforce this after death, "gross violations" of the dignity of affected persons are currently required according to the prevailing case law. "Here, a man is speaking badly about his ex-partner. That's hurtful," said Judge Elzer. However, the Senate is currently of the opinion that the threshold for a gross violation has not been reached.
"Current case law does not take into account the digital age," argues the plaintiff's lawyer, Hennig. So far, the hurdles for survivors are higher than if affected persons themselves take action against statements during their lifetime.
Lenhardt was the finalist of "Germany's Next Topmodel" in 2012 and was last linked to Boateng. Shortly before his interview was published, the couple separated. On February 9, 2021, her family announced through a lawyer that Kasia Lenhardt had died. The police in Berlin confirmed at the time that a lifeless person had been found, with no signs of external influence.
Spokesman: Interview was a "Big Mistake"
The spokesperson for professional athlete Thomas Knipp stated after the hearing that Boateng was aware that the interview was a "huge mistake". It had arisen against the backdrop of a custody dispute. The 35-year-old had apologized to the family for it. "It's clear that the family wants to address this issue, but the courtroom is not the right place for that."
Recently, a criminal trial against Boateng had made headlines. The Munich I Regional Court admonished him for intentional bodily harm and imposed a fine of 40 daily rates of €5,000 each, subject to conditions. Similar to a suspended sentence, the 35-year-old only has to pay the €200,000 if he violates his conditions. However, the Munich Public Prosecutor's Office does not accept this verdict and has lodged an appeal.
The European Union could potentially intervene if the dispute involves international aspects, such as defamation across borders or violations of data privacy laws within the EU.
Despite the ongoing legal battle, the European Union's football governing body, UEFA, might still consider Boateng for future international matches, provided he meets the necessary eligibility criteria.
