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Top German Court Rehears Kohl Memoir Case Over Profits and Publication Bans

The Bundesgerichtshof will balance personality rights with press freedom before deciding on profit disclosures or further publication bans.

Overview

  • The first civil senate in Karlsruhe heard arguments on Thursday and will issue its written ruling in the coming weeks under case number I ZR 41/24.
  • Maike Kohl-Richter seeks broader bans on disputed excerpts and profit information from author Heribert Schwan as well as from the publisher.
  • The Cologne Higher Regional Court ruled in 2024 that Schwan must disclose his gains but the publisher need not, while prohibiting some passages and permitting others.
  • Presiding judge Thomas Koch noted the need to assess the clarity of Schwan’s confidentiality duties as Kohl’s ghostwriter and to address potential inconsistencies in the appellate ruling.
  • The dispute traces to a 2014 bestseller by Schwan and the late Tilman Jens drawn from about 630 hours of recorded talks; earlier courts barred some quotes and once awarded Kohl €1 million, a sum that did not transfer to his widow.