ECJ on Israeli food / Active beA use obligation? / Money for Mollath

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Food from occupied territories must be labeled accordingly. In addition, in today's press review: criticism of court decisions that construct an active beA use obligation and compensation for Gustl Mollath.


topic of the day

ECJ on labeling obligation: Food from the West Bank and other areas occupied by Israel since 1967 must be specially marked in the EU. This was decided by the European Court of Justice on a case from France. The EU Regulation on the origin marking of food requires the indication of a country of origin. This term should be understood as a "state" in the sense of a sovereign entity, so lto.de about the decision. The occupied territories did not fulfill this condition; rather, their settlement policy violated international humanitarian law. When referring to "Israeli settlement," consumers could make a "well-informed choice." Reports to the decision also bring FAZ (Marlene Grunert / Hans Christian Roessler), taz (Christian Rath) and Tagesschau.de (Klaus Hempel).

After presentation of spiegel.de (Christoph Schult) In Germany, a corresponding labeling would already be made. Former Bundestag member Volker Beck (Greens) criticized the verdict as one-sided because "other similar or similar conflicts were ignored". After all, according to Beck, the ECJ actually operates foreign policy "in the guise of consumer protection".

After the assessment of Timo Lokoschat (bild.de) "Islamists, left-wing extremists and right-wing extremists" are cheering on the decision that "sends another blow to the only democratic state in the region". For Silke Mertins (taz) the verdict may legally be "not objectionable". Given the low level of exports from affected areas, labeling requirements have "virtually no impact" in real terms. However, such symbolism does not do justice to the complex situation in the Middle East.

rights policy

charitable: The SZ (Jana Anzlinger) reports on plans by the Federal Ministry of Finance to revise the chargeability criteria of the Tax Code. According to the minister cited in the text, associations that do not accept women should have "no tax advantages".
In a separate comment stops Jana Anzlinger (SZ) the criticism of these plans for "disturbing". A promotion of the interests of the general public could certainly not be to promote "a traditional world view".

Hate Speech: The German Association of Lawyers has made a number of proposals for dealing with so-called Hate Speech. Thus, in the investigation work, a stronger focus should be placed on the gender-specific component of online insults and an entitlement claim should be anchored in the Network Enforcement Act. netzpolitik.org (Christopher Hamich) reports in detail.

Executive pay: That too Hbl (Heike Anger and others) Now reports on the agreement reached in the Grand Coalition to achieve a cap on executive salaries through the national implementation of the second EU shareholder rights directive.

judiciary

ECJ on sanctions against asylum seekers: Asylum seekers who violate the rules of accommodation centers receiving them may be sanctioned under Article 20 (4) of the Reception Conditions Directive. In a case in Belgium, the European Court of Justice ruled that these sanctions should not lead to a loss of accommodation, food or clothing. This would be disproportionate and contrary to the duty to provide a decent standard of living. lto.de reported.

BVerfG on Syria mission: A month ago, the Federal Constitutional Court dismissed an organ dispute that had been filed by the parliamentary group on the left as part of the Bundeswehr mission in Syria as inadmissible. The scientific staff Matthias Hartwig undertakes on verfassungsblog.de a detailed critique of the decision.

OLG Dresden and LG Krefeld to beA-use obligation: Lawyer Martin W. Huff reports on lto.de on resolutions of the Dresden Higher Regional Court and Krefeld Regional Court of July and September. Both courts had rejected requests for re-establishment, alleging that court faxes had not been ready to receive by the deadline. The lawyers concerned had made the time-lapse failures because they had not also sent their pleadings via the special electronic lawyer's mailbox. Due to this construction of a de lege lata non-existent active duty of use, in the opinion of the author, the courts spanned the requirements of the legal profession. The question of non-functioning fax machines also exist jurisdiction.

Frankfurt Higher Regional Office on Traffic Monitoring: As a sovereign task, traffic monitoring must not be left to private service providers. This was clarified by the Frankfurt Higher Regional Court in a decision released last week. The penalty orders issued in affected municipalities for speeding violations thus lacked a legal basis. According to the reports of lto.de and FAZ (Hendrik Wieduwilt) In the near future, the court will also look into the lawfulness of supervising the dormant traffic of private service providers.

LG Leipzig – Trainee: The district court of Leipzig is currently hearing an appeal against a young man who was convicted in the first instance for participation in right-wing riots in the district Connewitz to suspended prison sentence. The final salary also influenced the professional future of the accused lto.de (Markus Sehl). As a legal trainee assigned to the regional court of Chemnitz, the judiciary administration of the Free State has closed the man despite the ongoing investigation.

LG Augsburg – "Goldfinger" model: At the district court of Augsburg, a criminal case against two lawyers begins this Wednesday as alleged masterminds of the so-called "Goldfinger" tax avoidance model. By trading in precious metals, including gold, taxpayers would have manipulated their tax rates, such as lto.de and Hbl (Volker Votsmeier et al.) in preliminary reports explain. At the LG nearly 80 negotiating days are scheduled until 2021.

LG Munich I to Gustl Mollath: The official liability process of the Justice victim Gustl Mollath led at the district court Munich I has been ended by a comparison. For the disadvantages suffered by the unlawful placement in psychiatry pays the Free State of Bavaria Mollath in addition to already made 70,000 euros another 600,000 euros. Mollath now accepted this amount, which he had rejected in June, because he was "emotionally simply unable to wait for a decision," she quotes SZ (Olaf Przybilla) his lawyer. lto.de also reports.

LG Hamburg – SS guard: In the criminal proceedings against the former SS guard Bruno D. it came in the district court Hamburg to an emotional scene of the forgiveness. At the end of his interrogation, a co-plaintiff asked the defendant for a hug. FAZ (Matthias Wyssuwa) and SZ (Peter Burghardt) to report.

Ronen Steinke (SZ) deals with the meaning of criminal proceedings against elders in the editorial. Neither justice nor retribution could be achieved in view of the monstrous acts in Stutthof and elsewhere, but could the now acting in Hamburg judges with the continuing malady of the assumption, "even concentration camp guards up to commanders were mere helpers" and not immediate perpetrators , to clean up.

LG Frankfurt / M. – Alexander Falk: In criminal proceedings against the entrepreneur Alexander Falk, the witness offered by the prosecution heavily charged the accused. The witness described the alleged mission and the proposed payment, reports the FAZ (Anna-Sophia Lang). He further described how, on the initiative of a friend of the accused, a relative had been offered "a reward in the millions" before his interrogation. The man had denied two weeks ago that there was a murder order. mirror.de (Julia Juttner) also represents the history and current allegations against Falk.

LG Munich II – Electricity surges: At Munich II district court, a 30-year-old is charged with causing women, with whom he communicated via Skype, to commit life-threatening power surges. An explanation of the defendant was presented without the participation of the public by his defense lawyer, writes spiegel.de (Wiebke Ramm). Because of a mental disorder, the assumption of a reduced guilt capacity comes into consideration.

VG Berlin on Climate Policy: A few weeks ago, the Berlin Administrative Court dismissed claims by climate activists against the federal government as inadmissible. Despite superficial unsuccessfulness, the proceedings were more likely to serve the plaintiffs' request that "by means of or with the help of legal proceedings, a change in attitudes and the enforcement of climate protection" be served, the lawyer sums up Birgit Spiebhofer in the FAZ objection.

VG Berlin – SRU: Tomorrow, Thursday, the Berlin Administrative Court will hear a lawsuit between two members of the German Council of Environmental Advisors (SRU). It may be presumed that the case concerned divergent views on dealing with dissenting opinions within the Council Hbl (Silke Kersting).

StA Braunschweig – VW Board of Directors: Et al because of infidelity the prosecutor Braunschweig brought charges against managers of the VW group. The accused as human resources managers are said to have caused more than five million euros in damages through over-paid salaries and bonuses. Hbl (Rene Bender / Martin Buchenau), FAZ (Carsten Germis), SZ (Angelika Slavik) and World (Philipp Vetter) to report.

miscellaneous

Atom compensation: According to information of SZ (Michael Bauchmuller) The Federal Ministry for the Environment is preparing for millions in compensation for the operators of nuclear power plants. Three of the four corporations active in Germany had filed a claim at the expiry of a deadline, the ministry now wants to cover 250 million euros without any "prejudicial effect".

The last one at the end

On the brake: Only a short career with the police was granted to a North Rhine-Westphalian contender, whose complaint was now dismissed by the Higher Administrative Court for the state of North Rhine-Westphalia in an urgent procedure. According to the findings of the community.beck.de (Carsten Krumm) The man had behaved roughly behaving contrary to traffic when he delivered a car race with a colleague and was flashed.

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Tomorrow a new LTO press review will be published.

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Source link
https://www.lto.de/recht/presseschau/p/presseschau-13-11-2019-eugh-israel-bea-nutzungspflicht-mollath/

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