Key legal question
Whether the contested passage in the appeal response was defamatory under Arts. 173 f. StGB, alternatively Art. 177 StGB.
Extracted holding
The court left open whether the passage was defamatory, because in any event the respondents’ wording was justified by procedural duties and Art. 14 StGB.
Extracted reasoning
The statement was a value judgment on a document submitted by the complainant in a financial-disclosure dispute; counsel may use pointed language if it remains necessary, factual, and not needlessly insulting. The wording was also to be read as a conjecture rather than a factual allegation.