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

Archdiocese of Cologne is not liable: court rejects claim 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 was not liable. A 58-year-old woman had demanded 830,000 euros in compensation after she was 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 priest's ecclesiastical activities and the abuse (LTO).

The plaintiff relied on an official liability claim in accordance with Section 839 Paragraph 1 of the German Civil Code and Article 34 of the Basic Law. However, the court found that the abuse could not be considered part of the exercise of office. It was also determined that the care of the foster child was a state responsibility and not part of church activity. “Not every act of a church official constitutes the exercise of a public office,” the court explained (Mirror).

Liability controversies

The court spokesman pointed out that the verdict was made on the basis of the current law. Matthias Katsch from the “Eckiger Tisch” initiative for those affected expressed strong criticism of the decision and announced an appeal. He argues that the verdict shows either ignorance of the Catholic Church's understanding of the priesthood or a bias against the institution in Cologne (CNA). The court's reasoning followed the line that only acts that took place in close connection with church activity could give rise to liability.

At the same time, another decision by the Cologne Regional Court sheds light on the discussion about the archdiocese's liability for other cases of abuse. In a separate case, the court ruled that the archdiocese may be liable for sexual violence committed by volunteer altar boy group leaders in an unprecedented case. The judges assumed that the leadership of altar server groups affects the “core area of ​​community work” and acts as an “extended arm of the diocese”. (Mirror).

An outlook for the future

In these cases, the regional court made it clear that not all actions by priests or their employees can be viewed as official acts. Some of them, committed as part of church activities, could well lead to archdiocese liability. This could have far-reaching consequences for the Archdiocese of Cologne, as the Archdiocese could potentially face a hundred more cases, which could put the ecclesiastical institution under pressure (CNA).

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