Background

The group, Doctors and Scientists for Health, Freedom and Democracy (Mediziner und Wissenschaftler für Gesundheit, Freiheit und Demokratie or MWGFD), led by Dr. Ronald Weikl has been the subject of a complaint filed by the Bavarian Medical Association which had sought to prevent this group keeping a public warning about the dangers of Covid-19 vaccines on their website. Specifically [1]:

The association had published an information letter to doctors on its homepage, in which it had pointed out the ineffective and dangerous “vaccines” against Corona and, in particular, possible liability risks at the expense of vaccinating doctors. The Bavarian Medical Association therefore wanted to issue a warning to the MWGFD and demanded an injunction against the publication and distribution of the letter.

An appeal by the MWGDF was heard in a Passau court in Bavaria with the result that … [1]

… the warning against the ineffective and dangerous Corona “vaccines” was declared a permissible statement of fact and opinion. After Federal Health Minister Karl Lauterbach (SPD) had been allowed by a judge as recently as November to continue spreading his obviously and demonstrably false theoriesof a supposedly “side-effect-free vaccination” (which he has since stopped doing), this ruling seemed only logical on the one hand. On the other hand, there has unfortunately been more than one judge who was removed from office because of a “wrong” -i.e. not government-compliant -judgement.[1]

Significance

First Corona Case in Germany to uphold the Right of a Group of Medical Professionals to Free Speech

Plaintiff’s Argument

The plaintiff’s lawyer argued that:

the MWGFD was acting in a businesslike manner because the association was calling for donations via its homepage and was also accepting them. (1)

The defendant’s lawyer, Beate Bahner had pointed out in an information letter even prior to the appeal certain serious facts concerning the injections that the plaintiff did not want to accept: (1)

“We urge you to no longer close your eyes to these serious facts. Draw the necessary consequences now, do not wait until the medical and political authorities come to their senses.” Among these “grave facts”, the lawyer specifically includes the fact that the Covid-19 vaccines are all unnecessary, ineffective and dangerous, and that the vaccinating doctors can be held personally liable in case of vaccine damage. The letter went on to say, “Do not be complicit in the senseless prolongation of this irresponsible vaccination campaign that has already cost so many people their health and quite a few their lives.” These remarks were backed up by numerous references to relevant publications and studies proving the ineffectiveness and danger of these “vaccines”.

The main argument which has however settled the outcome of this case is a point in commercial business law where the judge clearly found the argument of the plaintiff invalid. This is well explained in a video which lawyer Bahner posted after the hearing. Her original video was immediately taken down by YouTube. Watch an english subtitled version of the video here. [4]

Relevant Prior Judgements/ Cases

…More information is needed…

Decision

The court’s decision (1 HK O 1/22) ruled in favour of the defendant [2]

… for formal legal reasons, the court had no choice but to dismiss as unfounded the complaint filed by the Bavarian Medical Association against the MWGFD (Mediziner und Wissenschaftler für Gesundheit, Freiheit und Demokratie) in the person of its deputy chairman, Dr Ronald Weikl. [1]

The action … was … dismissed by the Regional Court of Passau “because such information is already not a commercial act. And only commercial acts may be warned and prosecuted in court under competition law – in this case, claims under the Unfair Competition Act (UWG).” More importantly, however, the court also found that the letter was exclusively a statement of fact and opinion on “vaccinations”, which is why it falls within the realm of public communication and explicitly does not constitute a commercial act. [1]

The judge rejected the plaintiff’s argument on the basis that:

the Passau Regional Court did not consider the solicitation of donations to be a commercial act. And a possible service in the sense of competition law was also not recognisable for the judge, since the MWGFD did not advertise for vaccination – but explicitly against it – and did not derive any financial benefit from it. [1]

Aftermath

A video update concerning the court’s decision posted by the defendant’s lawyer, Beate Bahner on her video account with YouTube was quickly deleted. (2) (see it below in Media)

Lawyer Bahner has filed a complaint 31 Jan 2023 against YT in the Heidelberg Regional Court. (3)

Further Research

Court Documents:

In the news:

• Dr Weikl’s Call to all judges, prosecutors and lay judges Dec 6, 2022
• Lawyer Beate Bahner, speaking from MWGFD warns of the dangers of the Covid-19 injections
• Dr Weikl’s daughter talks about a police house search at the family’s home, May 2, 2022

Media

Keyword

Bahner, Bavarian Medical Association, Beate Bahner, Censorship, Censure, Covid-19 vaccines, Doctors, Dr Ronald Weikl, Freedom of Speech, Germany, Medical Ethics, MWGFD, Passau, Passau Court Ruling, Untested and Unsafe, Vaccine Injuries and Deaths