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dish Arab tenants allowed satellite dish to keep

in Berlin is not receiving Arabic language TV channel to (pay) cable-TV possible. Tenants of Arab origin have therefore a right against the landlord to toleration of a satellite dish. If Turks, Russians and Poles at a disadvantage against Arabs?

For years in the law that the issue is moot, is allowed to apply the conditions under which a housing tenant of foreign origin on the outside front of his house (eg on the balcony or window) is a satellite dish to receive native language TV station. Discussed here is the correct balance between the interests of the landowner and the tenant. Law denies the owner of the basic legal protection of property (Article 14 GG), while the tenant to also constitutionally protected freedom of information can (Article 5 § 1 GG) is appointed.

After the Federal Constitutional Court had already granted more than ten years, the information interests of the foreign tenants in principle prevail over the interests of the owner, the lower courts soon developed a number of limitations of this right. It was decided provided that the interests of a foreign tenant interests of the landlord only prevail if there is no other reasonable way for him to receive native language TV station.

Such a reasonable possibility to see the court take for granted, especially if the tenant in the house available on a cable TV program corresponding station can receive. This should apply even if the tenant finish for the reception of the programs a paid subscription and / or purchase a special digital receiver has.

For Turks, Russians and Poles this Court in Berlin has the consequence that there are a claim on insatallation a satellite dish on the exterior facade can only be if the apartment building is not equipped with cable television. Because of the Berlin Kabelnetzt can refer tenants from these, countries of origin (a charge) native language program packages, and thus, according to the law an interest in native language information in sufficient Cover dimensions.

tenant of Arab origin have to tolerate the other hand, in Berlin in rental housing with cable television access remains a claim against the landlord, the installation of satellite dishes. Arabic-language TV stations can not have cable TV stand at present - will be received - not to pay additional programs. In this case, therefore, continue to the information outweighs the interest of the tenant the interests of the landlord.

This law, the district court Tempelhof-Kreuzberg recently confirmed in a cost decision of 05.11.2008 (ref. 18 C 176/08).

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AG Neukoelln counterproductive BGH

The Neukölln district court had to consider in a recent decision on the question of whether an order against a minor Vollsteckungsbescheid, the Entegen § 170 paragraph 1 sentence 1 was not ZPO delivered to the legal representatives, but to the minors themselves, despite the in § 170 paragraph 1 sentence 2 CCP expressly arranged ineffectiveness of the two-week delivery time for appeal / objection period after § § 700 para 1 , 339 para 1 CCP in motion.

These unique, given the wording of § 170 paragraph 1 sentence 2 CCP ("Service was [...] ineffective") and § 339 para 1 CCP ("The objection period [...] begins with the service") at first somewhat strange sounding question their background in the law of the Federal (BGH) has. Indeed, in the past repeatedly held that the ineffective after § 170 paragraph 1 sentence 2 CCP notification triggers, despite the ineffectiveness of the opposition period § 339 para 1 CCP (see BGH of 25.3.1988, V ZR 1 / 87, NJW 1988, 2049). According to the BGH mean the invalidity of the service was not that this would be triggered by any legal consequences. The Supreme Court argued with his sense of the word statutory provision scarcely compatible Court either for reasons of legal certainty needed to ensure the formal legal force of decisions.

against this view had already the District Court of Hamburg-Harburg in a decision of 13.10.1997, Az 643 C 102/97, published in NJW-RR 1998, 791, turned and found with a convincing argument that an effective Protection of minors to the formal legal power of the higher value should be attached.

The Neukölln district court has changed in the present decision of this legal opinion of the District Court of Hamburg-Harburg now connected explicitly. Against the view of the Bundesgerichshofs it leads to:

"The Court considers that, for reasons the protection of minors that the law effects specified an incorrect delivery even in terms of legal certainty and the rule of peace may be seen differently and in principle to the legal power of enforcement notice expiry of the objection period should be considered despite deficient service. Even such a decision would not nachhaltich lead to computational peace because they gem. could § 579 paragraph 1 No. 4 ZPO be the nullity action brought subsequent to case.

of straight decisions in order for payment, where the consistency of the application not being evaluated further by the Court, is based process for minors and other handicapped persons a particular risk, because they also serve as Vollsteckungsgrundlage against them, even though they are - because under incapacity - not have been able to defend themselves. It can not be assumed without further assume that the legal representative of a minor received before the appeal period, notice of the transaction receives the the minor himself was served, and thus has the chance before the date on which an objection lodged. This is inconsistent with the basic idea of the protection of minors compatible ... "

Neukölln AG 10.9.2008 - Az 21 C 164/08

The decision can only be accepted as in fact is not obvious, whose protection of the Federal by his legal case against the text-oriented want to. The abstract value of the formal legal power can the repeal of the protection of minors can not be justified. This is even more than by the possibility of annulment of the decision a material force of law in any case can not be achieved. has informed

and annotated by lawyer Olaf Werner

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legal aid for Hartz IV complaints

The Higher Administrative Court of Lower Saxony from 25th in its decision February 2008 made clear that in court cost due process (as with Hartz IV) is lodged within the limitation period application for legal aid a subsequent re-establishment of previous stand is not justified. The litigants, it is unreasonable to raise the claim during and at the same time make an application for legal aid. Due to the cost of freedom is not exposed to financial risk.

OVG Niedersachsen, decision of 25.02.2008, Az 4 PA 390/07, Full Text ID: 3K61698

Conclusion: Hartz IV recipients should run even during proceedings before the Social Court and collect the same time make an application for legal aid. When granting them an experienced, with Hartz IV attached Affairs of trusted lawyer.

RA Jens Christian Goke, LL.M.

www.kanzlei-goeke.de

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Traffic Law - fictional account of advice from base - UPE surcharges recoverable (AG Berlin-Mitte)

After a traffic accident, the victim can choose whether his claims against the opponent's motor vehicle liability insurance on the basis of accumulated repair costs (filing of the workshop account) or expert basis (so-called "fictitious damage calculation") settles. The latter is of particular interest be if the injured party can eliminate the damage cost in their own work or with the help of friends self / wants.

The "fictitious claims settlement" instructed the victim to a vehicle-usually experts to prepare a damage report. The car experts would then calculate the amount of damages based on the known usual workshop prices in the region, is asking at what price a workshop carried out the repair. The calculation includes the expected time of work and the hourly rate of the workshop. In addition, the costs will be exchanged for replacement parts.

Unfortunately, it comes from This "fictitious damage calculation" but often conflict with the enemy vehicle liability insurance policy on the amount of recoverable damages. This represented, for example, then the opinion of the experts had assumed too high hourly rates
and also the spare parts could be cheaper to buy. The insurers argue, for example, the repair could have been held in a manufacturer-authorized repair achieved more cheaply in a "free" car repair workshop. Such "free" workshop make repairs usually at much lower hourly rates than by the service station. Not infrequently there are also for the spare parts do not "mark-UPE (UPE -" retail price "of the manufacturer) was calculated.

is from a legal point of view, therefore, first, the question is whether to put in the "constructive damage calculation on the hourly rate of service station or on the prices of the" free "workshop. For spare parts prices, the calculation is to be based is, the question of whether regional workshops are to be included in contract UPE usual bonuses in the calculation of damages.

While the first question in any event held in this respect the supreme court is that of calculating the hourly rates a "workshop" can be used, there is the question of the UPE-bonuses no uniform national law. The district court middle has now acknowledged in a recent decision (mid-AG 111 C 3246/06) the UPE-ups as part of the notional loss.

Conclusion:
At least in Berlin should not accept the victim of a reduction in vehicle damage reports calculated the amount of damage to the UPE-ups so without protest. Brought against the reduction made in any case has good prospects of success.

Communicated by lawyer Werner
(Source: NJW 529 f., 2008)

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Landmark court ruling on the accessibility of the investigative authorities to email Mail-Mailboxes

Communication by e-mail is now widespread and has happened in the last few years, the traditional letter traffic rank. Given the increased importance of communication is the question facing many, as ordered by the confidentiality of e-mail communications. Can "listen" for example, law enforcement and tax investigation of the e-mail traffic or to the retrieved e-mails easily access?

added to this question now, the Hamburg Regional Court made a landmark decision. In the this case to be decided was the prosecutor in an investigation because of the illicit traffic in narcotic drugs sought to access the e-mail accounts of several suspects in order to gain in this way evidence for criminal proceedings. The Hamburg Regional Court has allowed such access to the affected e-mail accounts eventually though. It has in its decision but noted that the retrieving Internet-based e-mail accounts (like web.de, gmx, hotmail) the constitutional protection of telecommunications and telecommunications secrecy is subject to, and therefore only subject to the strict requirements of § § 100a and 100b Code of Criminal Procedure is possible. These rules allow access to the investigative authorities only if it is under investigation for a serious crime, and the suspicion of a simple Tax evasion or any credit fraud does not suffice. Is different, in the opinion of the Court, however, for e-mail that referred to it by e-mail box and stored on your own computer, as in e-mail retrieval of so-called POP 3 - is the case, servers. Here, the court saw the scope of telecommunications secrecy and not open to allow access to the investigating authorities under the lower requirements of § § 98 et seq Code of Criminal Procedure, so that in particular the suspicion of a serious crime must exist.

Landgericht Hamburg, decision of 8 January 2008, 619 Q 1 / 08

lawyer Dr. Toralf Nöding
www.kanzlei-noeding.de

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OLG Brandenburg to training for the costs of attending a night school

If the child only after a few detours first-degree general education, this principle has even in case of negligence of the child no consequences. Otherwise it can be when after successfully completing (here: CSE) an even higher degree of general education (here secondary school certificate) will be sought.

The applicant had successfully completed in 2002 the secondary school. Four years later she visited in August 2006, a night school to make up their secondary school certificates. The Higher Regional Court of Brandenburg was one of these Night school course or any school for general education. The key factor was the conclusion and not whether the school would be visited during the day or evening classes as an adult school. Further explained to the Senate, could be drawn from general education to the child regularly only slight demands are made on the performance of duties. Even if there would be only indirectly to the completion of general education, it would remain because of the special importance of the general university degree regularly even with misconduct by the child without consequence.

is different, however, if the child after successful completion of the general education of school so operating a higher-end aims. To this end, the Senate: "Will the child attend so after the main school, secondary school or at the conclusion of the junior high school to university entrance, consists of training right away only if the continuation of general education in view of the performance shown is appropriate"

OLG Brandenburg , decision of 4 7. 2007 - 9 WF 159/07

Suggestion:

In such cases, intensive fact-finding necessary. must be presented in court, that the continuation of general education, given the previously shown benefits appropriate. It is therefore necessary to explain that the services provided actually justify the continuation of education. In addition to the achieved education skills and the special needs of the child are assessed. In addition, the court may evaluate possible interruption periods. The corresponding will to continue the transactions concluded at the general education should already be evident after the beginning of the teaching according to the achieved degree outside have grown, particularly through consultation with at least one parent.

RA Jens Christian Goke, LL.M.
www.kanzlei-goeke.de