Johann Wolfang von Goethe
Topic: The Human Dignity of the Perpetrator – What About the Human Dignity of the Victims?
For all those who are not familiar with my blog yet – I write completely anonymously.
Due to the unverified claims of the plaintiff in the lawsuit, along with the application for the issuance of a cease and desist order dated xxx, the following is issued to the defendant:
The defendant is prohibited from further disseminating all quotations listed in the attached annexes (A to N and S), as well as any content that is identical or similar in wording and meaning, with worldwide effect. This applies to both electronic communication networks and any other form.
The defendant is obliged to reimburse the plaintiff, through their representative, the procedural costs determined at EUR xxx (including EUR xxx for cash expenses and EUR xxx VAT) within 14 days.
The cease and desist order is granted provisional enforceability.
The cease and desist order can only be contested by raising objections within a mandatory period of 14 days.
REPUBLIC OF AUSTRIA DISTRICT COURT SCHWAZ xxx
Reasoning:
The asserted claim for a cease and desist order can logically be derived from the statements of the plaintiff and is sufficiently substantiated by the submission of prints of statements apparently made by the defendant, which have unlawful content.
According to § 549 Abs. 1 ZPO, the court must issue a cease and desist order upon the plaintiff’s application without prior oral hearing and without hearing the defendant, if – as in this case – a claim for a cease and desist order due to a significant violation of personal rights, impairing the human dignity of a natural person (here the plaintiff) in an electronic communication network is asserted. The statements from the defendant (highlighted) according to annexes A to N and S constitute such violations of personal rights. Since the content is still accessible, there is a risk of repetition.
The cease and desist order was granted provisional enforceability as requested because the continuation of the alleged unlawful actions is unreasonable for the plaintiff and/or associated with significant disadvantages, and furthermore, is not compatible with the fundamental values of the Austrian legal system.
Bezirksgericht Schwaz, Abteilung 2
Dr. S., Richter
Do you have enemies? Good. That means you’ve stood up for something, sometime in your life.
Winston Churchill
#survivor of a psychopath
