Order to refrain against René Düe - Stuttgart Landgericht [District Court] Decision

Interim Injunction - Stuttgart LG dated 31st July 2000 (copy):

Ref. no.: Copy of original
17 O 406/2000

Stuttgart Landgericht

DECISION dated 31. 07. 2000

In the matter of

Werner Mauss,
c/o Rechtsanwälte Löffler-WenzeI-Sedelmeier
Königstr. 1 A, 70173 Stuttgart - Claimant -

Attorneys for the action:
RAe Sedelmeier & Koll,
Königstr 1 A, 70173 Stuttgart

versus

René Düe,
Hengstway 7, 25960 Keitum/Sylt - Defendant -

Attorneys for the action:
RA Malottke, Köbelingerstr.1, 30159 Hannover

w i t h r e g a r d to a duty to refrain

Page 2:

the 17th Civil Chamber of the Stuttgart Landgericht, acting through

Presiding Landgericht Judge Richter
Landgericht Judge Heinrici and
Landgericht Judge Eißler

came to the following decision on 31.07.2000:

In accordance with Section 823 Para. I, Section 823 Para. II BGB [German Civil Code] in conjunction with Section 186 StGB [Criminal Code] and in conjunction with Sections 935, 937 Para. II, 938 ZPO [Code of Civil Procedure] it is hereby ordered by way of this Interim Injunction - due to the urgency without a hearing - as follows:

1.
In order to avoid an administrative fine of up to DM 500,000.00 or alternatively detention of up to 2 years the Defendant shall refrain from making and/or spreading (also in the form of a suspicion) the allegation, either verbatim or by implication:

That the Claimant had spread false rumours that the Defendant as instigator had been a participant in a conspiracy to murder in Turkey, and had now started these again in order to injure the Defendant.

2.
The Defendant to bear the cost of these proceedings.

Value of the matter in dispute: 50,000.00 DM

Page 3:
The Claimant is instructed to serve a certified copy of the application dated 28.07.2000 at the same time as this Interim Injunction, including copies of enclosures AST 1 and AST 5.

(signed) Richter (signed) Heinrici (signed) Eißler
Presiding LG Judge LG Judge LG Judge

D.S.(?)
Executed
Stuttgart, 31.07.2000
Clerk of the Court
(Landgericht)
(signed) Hornischer, legal secretary

Certified
Stuttgart, 31.07.2000
Clerk of the Court
(Landgericht)
(signed)
Hornischer, legal secretary
Stuttgart Landgericht Stamp