Dresden (dpa/sn) - In the dispute over an election campaign flyer, the sea rescuers from Mission Lifeline prevailed in court against the AfD Dresden. The Higher Regional Court (OLG) in Dresden ruled on Tuesday that the flyer contained an untrue statement of fact that Mission Lifeline did not have to accept. The Higher Regional Court reversed a previous decision by the Dresden Regional Court and issued an injunction that the AfD must not repeat the allegation. The district court had previously classified the statement as an expression of opinion.
As the Higher Regional Court reported, the flyer for the Dresden mayoral election campaign said, "Hilbert/Jähningen support the "safe haven" initiative. Consequence: Funding of smuggling organizations such as Mission Lifeline with taxpayers' money." "Hilbert/Jähnigen" means the mayor of Dresden and a competitor in the election campaign. The sea rescue association had declared that it would not receive any financial support from the city of Dresden joining the "Initiative safer port".
In the political battle of opinions, polemical exaggerations and generalizations are to be accepted, the Higher Regional Court has now decided. However, this does not apply to untrue allegations. In addition, Mission Lifeline is not part of this political battle of opinions, but an uninvolved third party. It cannot be ruled out that the allegation violated personal rights. No further appeal is possible against the judgment (Az: 4 U 2331/22).
