Did the Federal Interior Ministry under Nancy Feser (SPD) violate its duty of care in its dealings with then BSI president Arne Schönbohm? “There is much to suggest that the defendant did not adequately fulfill its duty of care by not providing greater protection to the plaintiff,” the Cologne Administrative Court said on Thursday.
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At its core, the proceedings were about whether BMI should have taken a protective stance against Schönbohm after he was asked by ZDF Magazine Royale and the program was broadcast. But for this to yield a legal claim, a “serious violation” of individual rights would have to be determined by the Federal Interior Ministry.
Microsoft shows off new gameplay of “Doom: The Dark Ages”This is what the Court could not determine. Mistakes alone are therefore not justified, which is likely to be a relevant conclusion for civil servants in the Federal Republic as a whole. Because the employer’s duty of care upon becoming a civil servant is part of an exchange transaction: the citizen becomes a civil servant and must serve the state loyally – the employer must protect them in return. However, apparently not as much as Arne Schönbohm thought was right, at least.
Higher civil service positions involve higher risks
The court also found that for civil servants, key positions are associated with an exposed position and a high level of responsibility – and this clearly meant highly paid career civil servant positions such as the BSI presidency, which then paid B8. Used to go. She was therefore one step below so-called “political civil servants”, who could be placed in temporary retirement at any time by the responsible minister. The court declared potentially unsafe the post of President of the Federal Academy for Public Administration (BAKOV), which had been funded specifically for Schönbohm as a settlement post by the Bundestag at the request of BMI – but no There was no true intention. Damages to plaintiff Arne Schönbohm. As a civil servant, he is not entitled to any specific post but only to proper employment.
Schönbohm can file an application for permission to appeal against the dismissal of the case at the Higher Administrative Court in Münster.
Proceedings against ZDF enter second round
For Schönbohm, it is the second decision in a matter of weeks, with mixed results. While he won a massive victory against ZDF in the Munich I Regional Court when ZDF was banned from making four statements about him, he has now lost the case. Today’s indications from the Cologne Administrative Court that Nancy Feser and her staff did not adequately protect Arne Schönbohm from unfair accusations by ZDF Magazine Royale and its presenter Jan Böhmermann are at the same time clear – but also that the reason for this is the Ministry It was not in Interior, but on other German television and ZDF Magazine Royale.
This should also be of interest to judges in the next round of legal disputes: Like Schönbohm, ZDF has applied for an appeal to the Munich Higher Regional Court in civil law proceedings against the Mainz broadcaster. The corresponding episode of Neo Magazine Royale, which is available on the Internet, has recently been decorated with a note: “Following a ruling of the Munich I Regional Court, the video was modified on January 20, 2025 and in order to The excerpt was removed to refute an unintended, misinterpretation that Arne Schönbohm “has had contact with the intelligence services of Russia or other countries.” Has been changed.
Federal Interior Minister Nancy Feser (SPD), who did not achieve any good figures during the entire affair, thus escaped legal embarrassment shortly before the premature end of the legislative period. It is considered unlikely that she could become federal interior minister again: her own Hessian SPD state association did not see her as a top candidate – and gave the often unhappy minister only fourth place on the state list for the federal election.
(mho)
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