Archdiocese of Cologne is not liable: court rejects compensation for pain and suffering

Archdiocese of Cologne is not liable: court rejects compensation for pain and suffering

In the case of serious sexual abuse that occurred in the 1970s and 1980s, the Cologne Regional Court ruled that the Archdiocese of Cologne is not liable. A 58-year-old woman had asked for 830,000 euros in pain and suffering after being abused as a priest's foster child. The priest in question was sentenced to twelve years in prison in 2022. The court dismissed the lawsuit due to a lack of connection between the church activity of the priest and the abuse from (lto) .

The plaintiff was based on an official liability claim in accordance with Section 839 (1) BGB and Art. 34 GG. However, the court found that the abuse cannot be regarded as part of the exercise of office. It was also found that the care for the foster child was a state task and did not take place as part of church activity. "Not every act of a church official is the exercise of a public office," said the court (SPIEGEL) .

controversy about liability

The spokesman for the court pointed out that the judgment was made on the basis of the applicable law. Matthias Katsch from the “square table” initiative concerned expressed violent criticism of the decision and announced an appeal. He argues that the judgment shows either ignorance of the understanding of the Catholic Church of the priesthood or an bias towards the institution in Cologne (CNA) . The court's argument followed the line that only acts that took place in close connection with church activity could result in liability.

At the same time, another decision by the Cologne Regional Court brings light to the discussion about the liability of the archbishopric for other abuse cases. In a separate procedure, the court decided that the archbishopric for sexual violence is possibly liable in a precedible case by volunteering group leaders. The judges assumed that the management of ministrant groups concerns the “core area of ​​community work” and acts as a “extended arm of the diocese” (SPIEGEL) .

an outlook for the future

The district court has made it clear in these cases that not all acts of priests or their employees can be considered official acts. Some of them who were committed as part of church activities could certainly lead to the archbishopric's liability. This could have far -reaching consequences for the Archdiocese of Cologne, since subsequently a hundred further procedures could possibly come to the archbishopric, which the church institution should put under pressure (cna) .

The next negotiation to clarify the amount of the pain and suffering will take place on April 29, 2025. It remains to be seen which decisions the court will make in this complex and sad matter and how the legal foundations will manifest in the future.