In its ruling of 24.05.2016 (case reference: VI ZR 496/15), the Federal Court of Justice agreed with its lower courts in denying a claim for monetary compensation due to insults sent by text message.
Insofar as a cease-and-desist order with a penalty clause has already been obtained and the insult does not have a widespread effect, there is no serious violation of personality for the claim for monetary compensation.
Cease and desist order instead of monetary compensation for insults
A tenant is insulted by his former landlord several times – within two days – by text message (SMS) with the words: “louse of the first degree”, “pig cheek”, “antisocial scum” and “cowardly pig”.
As part of preliminary injunction proceedings, the tenant obtained a cease-and-desist order against the landlord with a penalty clause.
The landlord had to refrain from contacting his tenant in any form under threat of a fine.
The claim for monetary compensation, on the other hand, failed in all three instances.
The claim for monetary compensation
In principle, the injured party is entitled to monetary compensation in the event of a violation of human dignity and honor (§ 823 BGB in conjunction with Art. 1 GG and Art. 2 GG).
However, the prerequisite for this is that the insult is a particularly serious violation of the general right of personality.
Injunctive relief obtained may exclude the claim for monetary compensation
The statements complained of are gross insults in a personal context, but without a broad public impact.
The adverse effects associated with the insult can be sufficiently absorbed by the cease-and-desist order with penalty clause and the administrative remedy proceedings.
In addition, the offended tenant could have brought a private action against the landlord in order to obtain satisfaction.
As soon as a cease-and-desist order, administrative remedy proceedings and private action lead to satisfaction for the injured party, the claim for monetary compensation may lack the serious violation of personality.
The decision as to whether there is a serious violation of personality – despite an injunction having been obtained – often depends on the circumstances of the individual case.
An injunction therefore does not per se lead to the exclusion of all claims for monetary compensation.
In the case of the injured tenant, however, the BGH considered the claim for injunctive relief with a penalty clause to be sufficient and therefore did not award him any monetary compensation due to the insults.