Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Court: Den Haag, Netherlands
Damage won: 1883 euros (3 x MF recommendation) + all costs
Photographer’s seat of residence: American
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: Midden, Netherlands
Damage won: 1395 euros ((3x MFM recommendation) + all costs
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: District Court, Den Bosch, Netherlands
Damage won: 2906 euros reimbursements
Photographer’s seat of residence: United States
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Bowen
Court: Midden, Netherlands
Damage won: 3372,56 euros damages + 3051,83 Euro costs reimbursed
Photographer’s seat of residence: German
Opponent’s seat of residence: Dutch
Lawyer: Kitty van Boven
Court: Court Gergerland Arnhem, Netherlands
Damage won: 1359,81 euros reimbursements
Claimant nationality: German
Defendant nationality: Netherlands
Lawyer: Robert Fechner
Court: Landgericht Berlin
Damage won: 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 €
Summary: The Landgericht Berlin (District Court) sentences the defendant based in the Netherlands to pay the amounts 5.001 € plus interest since 20.08.2017 + 1.101,94 € legal fees plus interest since 05.03.2020 + 113,05 € documentation fees to the claimant based in Germany. The defendant violated the Cease and Desist claim, and did not cease to make the photograph in question publicly available, in particular on the Internet. The evidence to prove this was made by RightsPilot UG. Therefore, the court agreed that the claim was admissible and justified. The claimant had a contractually defined right to claim the contractual penalty, because the cease and desist declaration was violated, without there being a visible reason for excuse. Therefore, also the legal fees and the documentation fees needed to be reimbursed.
Photographer’s seat of residence: Germany
Opponent’s seat of residence: Netherlands
Lawyer: Kitty van Boven
Court: Court West Brabant, Netherlands
Damage won: 540 euros + all legal costs
(case not handled by PhotoClaim)
