Former international player: lawsuit against Boateng – court proposes settlement

In the dispute over statements made by former national soccer player Jérôme Boateng about his ex-partner Kasia Lenhardt, the Berlin Higher Regional Court is trying to reach an amicable settlement. At the oral hearing in the appeal process, presiding judge Oliver Elzer proposed a settlement: Boateng would make a cease-and-desist declaration, and the plaintiff would have to cover the costs of the current proceedings.

The lawyers initially reacted cautiously, but want to consult with their clients. If no settlement is reached in the next few weeks, the court will pass judgment.

Mother of ex-girlfriend sues

The court is examining in the second instance an injunction filed by the mother of the model, who died in February 2021 – seven days after the interview was published. The Berlin Regional Court had prohibited Boateng from making a statement in November 2022. However, the mother’s lawsuit concerns five other statements. “She is concerned with preventing statements about her deceased daughter that contain untruths,” explained lawyer Markus Hennig.

In the interview, Boateng spoke, among other things, about arguments in the relationship. His statements distorted the image of her daughter’s life, argues the plaintiff.

Boateng’s lawyer Stephanie Vendt again stated in court that the football player regrets the interview. He does not intend to repeat the statements. In principle, they are willing to reach a settlement, said the lawyer.

Court expresses doubts about the success of the lawsuit

However, it is disputed how far this settlement should go. From the plaintiff’s point of view, it can only be considered if Boateng makes a so-called cease-and-desist declaration with a penalty clause. This means that if the 35-year-old does not comply, he would have to pay a fine. The court could imagine a sum of 25,000 euros, as Judge Elzer said.

Boateng’s lawyer is skeptical about such a comprehensive explanation and sees little reason for it. During the hearing, the court expressed doubts about the success of the lawsuit. The background to this is the so-called post-mortem right of personality.

According to previous case law, in order to be able to enforce this after death, “gross violations” of the dignity of the affected persons are necessary. “Here, a man is making nasty comments about his ex-girlfriend. That is hurtful,” said Judge Elzer. However, the Senate is of the opinion that the level of a gross violation has not been reached.

“The case law to date does not take the digital age into account,” argues Hennig, the plaintiff’s lawyer. So far, the hurdles for survivors are higher than if those affected themselves take action against statements during their lifetime.

Lenhardt was a finalist in “Germany’s Next Top Model” in 2012 and was most recently in a relationship with Boateng. Shortly before his interview was published, the couple had separated. On February 9, 2021, her family announced through a lawyer that Kasia Lenhardt was dead. The police in Berlin confirmed an operation at the time in which a lifeless person had been found. There were no signs of external influence, they said at the time.

Speaker: Interview was a “huge mistake”

The professional athlete’s spokesman, Thomas Knipp, explained after the hearing that Boateng knew that the interview had been a “huge mistake”. It had been conducted against the backdrop of a custody dispute. The 35-year-old apologized to the family for this. “The family is clearly trying to come to terms with the past. But the courtroom is not the right place for that.”

Most recently, a criminal case against Boateng made headlines. The Munich I Regional Court warned him for intentional bodily harm and imposed a fine of 40 daily rates of 5,000 euros each, subject to probation. Similar to a suspended prison sentence, the 35-year-old only has to pay the 200,000 euros if he violates his conditions. The Munich public prosecutor’s office does not accept the verdict, however, and has appealed.