News - 06.01.10
von english Info
Court Reaffirms Ban – Way Cleared for FAU Berlin to Federal Constitutional Court
The injunction against the FAU Berlin has been confirmed in the trial between the Neue Babylon Mitte GmbH and the FAU Berlin; this means, the FAU Berlin continues to be banned from calling itself a union or a grassroots union. The 10th Senate of the Berlin Regional Court thus reaffirmed its own decision from December 11, 2009.
According to the plaintiff's lawyer, the definition of a union may not be covered by any law, however "decades of case law have narrowed it down". Calling for the protection of basic liberties, the defense's attorney, Mr Stähle, argued for a reversal of the de-facto ban. He cited a legal opinion from 2006, which states that the level of organization of a union can no longer only be judged by its ability to negotiate contracts.
This has opened a new door for the FAU Berlin. Unlike the Regional Court, they view this decision as a severe blow to the freedom of associations. After the hearing, Mr Stähle confirmed: "We will, of course, appeal the decision and go all the way to the Federal Constitutional Court, if need be."
|
