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ARD wins Hamburg ruling and Seppelt obtains injunction against DESG president

by Jürgen Becker
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ARD wins Hamburg ruling and Seppelt obtains injunction against DESG president

ARD vs DESG legal dispute: Hamburg court upholds ARD reporting as Berlin grants injunction against DESG president

Hamburg and Berlin courts back ARD reporting in the ARD vs DESG legal dispute, issuing injunctions and prompting DESG appeals as litigation still continues.

The Hamburg Regional Court has delivered a further judgment favoring public broadcaster ARD in the high-profile ARD vs DESG legal dispute, while a Berlin court granted journalist Hajo Seppelt an injunction against DESG president Matthias Große. The rulings, which address contested statements made about ARD coverage and the conduct of its reporters, reinforce previous decisions that largely validated the broadcaster’s reporting on alleged problems within the German speed skating federation. Both sides have said they will pursue additional legal remedies, ensuring the case remains active in the courts.

Hamburg court finds ARD coverage permissible under context

The recent Hamburg decision focused on remarks by former DESG coach Peter Mueller concerning the reasons his contract was not renewed after the 2023/24 season.
Judges concluded that, within the reported context, ARD’s presentation of Mueller’s comments did not amount to an unlawful factual assertion and was protected as an expression of opinion.
The ruling therefore maintained the broadcaster’s right to report those statements and rejected claims that the coverage had presented false facts.

Berlin court issues interim injunction in Seppelt’s favor

In a separate proceeding in Berlin, Hajo Seppelt obtained an interim injunction against DESG president Matthias Große over allegations that Seppelt had stalked athletes during the Winter Games.
Court records show judges accepted evidence placing Seppelt at ARD’s broadcast centre in Mainz rather than at the Olympic ice venue in Milan, undermining Große’s public claim.
The injunction prevents Große from repeating that specific allegation while related legal processes continue.

Earlier Hamburg verdict already sided with ARD on most counts

This latest ruling follows an earlier Hamburg hearing in which the court ruled for ARD on four out of five contested points linked to a Sportschau report broadcast during the Winter Games.
That initial judgment allowed large parts of the report alleging organisational problems within the German speed skating federation to stand as lawful reporting.
Despite these judgments, the broader dispute has not been resolved and multiple filings remain pending before higher courts.

DESG signals immediate appeals and continued legal action

DESG counsel Norman Buse has publicly announced plans to challenge the most recent Hamburg judgment and other rulings through available appellate channels.
He indicated his clients view the decisions as flawed and said they would seek review at the Higher Regional Court in Hamburg, expressing optimism about overturning parts of the rulings.
The federation has also signalled it may press separate claims for injunctions and damages where it believes reporting crossed legal boundaries.

ARD officials describe rulings as vindication for investigative reporting

ARD sport coordinator Axel Balkausky characterised the rulings as confirmation of the broadcaster’s approach and of the reporting team’s methods.
Representatives of the ARD investigative unit say the court decisions reinforce journalists’ ability to scrutinise sporting bodies and to publish contested statements where context supports them.
The broadcaster continues to pursue an outstanding injunction case in Hamburg related to identical statements published by Große on other platforms.

Tensions between federation and press trace back to post-Games confrontation

The legal battle traces back to a contentious press conference held by Matthias Große after the Winter Games, from which some journalists were excluded and which further inflamed relations with the media.
Grande’s public rebuke of reporters and his vow to take disputes “through all necessary instances” prompted immediate legal engagement by ARD and drew criticism from press associations.
That confrontation has become a focal point for wider debate about access to athletes, federation transparency and the limits of public comment by sports officials.

The litigation now moves into a phase of appeals and parallel proceedings that could take months to resolve, with the Higher Regional Court in Hamburg and possible further filings in Berlin expected to play decisive roles.
Both ARD and the DESG have signalled they will continue to pursue their legal strategies, making it likely that additional rulings and clarifications on the boundaries of sports reporting and organisational criticism will follow.

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