most celebrated fools and jesters peaceful. And if there is contention, then this leads to rather curious decisions. Here is a selection of decisions about Carnival and Carnival.
Flying chestnuts & Co.
No claim for compensation after an injury by box of chocolates at a carnival parade.
The district court noted this, Aachen (Judgement of 10.11.2005 - 13 C 250/05):
It is well known to be thrown in Mardi Gras parades of floats from the objects in the audience. That this way the audience is a risk of such an object also injured to be, the applicant may also not have been unknown. If the applicant nevertheless regarded as a spectator a carnival parade, he agrees thereby implied, in such a risk of injury. If the applicant is then actually hurt by such a thrown object, he can derive from it in any event no claim for damages.
decisive factor in assessing the situation, in which the applicant has consented by his presence, is not only the specific location B, but the entire Rhineland. ... In the Rhineland, but it is how well the applicant has not disputed, as usual, except to throw candy with other objects such as boxes of chocolates or chocolate bars.
If they're too strong ... Who wants to watch
a carnival parade on the Monday, it must also expect that to be thrown from the floats candy. Should you become a hard-hitting strong sweets made such that an incisor terminates, one can not impose civil liability claims against the organizers. This bitter experience made a man before the District Court Trier (1 S 18/01).
nothing to laugh ...
had a plaintiff who slipped in the Cologne Arena in big events "Laughing Cologne Arena" after drinking 3.5 liters of beer.
OLG Köln (Judgement of 06.08.2002 - 19 U 7 / 02) has an action for rejected for pain and suffering and damages against the organizers of the carnival event for breach of a duty to maintain safety and running:
The defendant did not infringe the incumbent duty to maintain safety and the plaintiff is conclusive due remained for the fact that a wet spot in stairway near or on a step the cause of the of it has been put forward fall. ... it is equally conceivable that the plaintiff fell because he had been initiated by someone in the throng or bumped or tripped over some leg or has represented some of carelessness or uncertainty resulting from the stairs located on the crowds. This is to exclude the less, as the plaintiff claims to have drunk himself to his statements before the accident, about 3.5 liters of beer. The damage can, however - as here - be due to several typical damage processes, only one of which leads to the liability of the defendant, has decided to adopt a prima facie evidence in favor of the victim, so that this bears the full burden of proving the actual damage process (see Palandt .-Henry, 61 edition, before § 249 BGB, Rn 164 with further references; OLG Hamm VersR 1995, 187; OLG Köln VersR 1997, 1113).
It may pop
The District Court Trier (1 S 18/01) has decided that the organizers of a carnival parade can not be held responsible for all conceivable risks. A woman had suffered at the Rose Monday parade by a bullet from a so-called Weinberg cannon a blast injury and sued for damages against the organizer. The court dismissed the case and found that the organizer is indeed obliged to take precautions to protect the spectators against loud noises during Carnival, the spectators had to protect themselves but, for example, by stepping back from the curb edge.
music only if it is loud
A parade may be noisy, which ruled also the administrative court in Frankfurt (15 G 401/99). Residents can not claim that this a noise limit of 70 decibels is maintained. There were a nuisance of relatively short duration and also a traditional event. be
The noise from restaurants and that must be tolerated, especially in the night from Rose Monday Carnival on Tuesday (Amtsgericht Köln - 532 OWI 183/96).
The Administrative Court of Koblenz (1 L 141/02) in fact found to be legal, the Carnival is part of the native customs. The fool's freedom has its limits. It was decided by the same court that a marquee is eliminated in a purely residential area as a venue for a Carnival celebration (1 C 745/03.KO; 1978/03.KO 1 K).
To Dealing with the friend and helper
Beschimpft a drunken Jeck a police officer as "asshole" and "bull shit", then the official is not offended because the remarks personally not against him, but directed against his capacity as police officers. If, however, he spat in addition, an injury has occurred (at a cost of 250.00 euros.) (Landgericht Münster - 8 S 210/02)
no entitlement to paid holiday on the Monday
a claim on paid administrative leave Rose Monday through practices that is in the scope of the former TV Arb (collective agreement for workers at the German Federal Post) following repeated unconditional Grant did not occur. He is also not caused by the fact that the practice was continued after the privatization of Deutsche Telekom AG, for this to the MTV came into force on 01.07.2001. The operations form clause contrary to ancillary agreements in both collective works. The leave of Rose Monday is ancillary.(LAG Köln, Judgement of 08.08.2003 - 11 (12) Sa 239/03)
judges with humor
OLG München (Decision 10.12.1999 - 26 AR 107/99 = NJW 2000, 748) had to decide on a Disciplinary Complaint against a Munich district court judge, the hearing in a number of family cases to 11.11. had terminated at 11.11 clock. The complainant - A defendant in a maintenance process - did not feel taken seriously and said that the judge wanted to make fun of the termination well. She saw their human dignity trampled upon, and would bring the judges to simply reflects that he considered the dispute as essentially foolish.
The Appellate Court judge saw the matter somewhat differently:
"The fact that the challenged judge because of the Disciplinary Complaint angry so that he can not be impartial is just the kind of humor, which the judge - whether appropriate or inappropriate - shown in scheduling has to be excluded. " The judge had at best "a little joke" allowed. If he held at 11.11 at 11.10 clock clock would have terminated, would have no one excited. The Court of Appeals concludes with the words: "Something humor, or at least calm, can be expected from the armed parties to a family matter."
judge without humor
Not all find the custom with the tie performance to Weiberfastnacht funny. The district court of Essen (20 C 691/87) understood here not fun and condemned a Jeckin to pay damages in the amount of 40 DM
The speech laid paper is not art
The Bundesfinanzhof (Judgement of 26 February 1987 - IV R 105 / 85) ruled that the carnival speeches "not intrinsically creative activity with a certain design level" and so therefore not subject to income received as income from artistic activities constitute the reduced tax rate.
Because the absence of an intrinsically creative activity, if the speakers work with templates and the same speech, though with variations, in many cases always forget about. The intrinsically creative element is lacking, even if the speaker get along with the use of a few basic patterns and designing only in special exception cases, an individual speech text. The applicant has however maintained his lively speeches to about 80 to 125 events for a particular speaker template. This satisfied the requirements for a self-creative Activity and not if the applicant had held these speeches in Cologne dialect and humorous way.
lively speeches are art
Anders organize the Federal Social Court (3 17/96 and 3 RK 22/96 RK), the carnival societies, the meetings, such as theater and music agencies and thus classifies dutiable. The performance of the SPA Büttenredner saw it as an art with the result that carnival companies have to pay for the performance of their duties at public events, the artists' social fund.
Finally: Kölsch for beginners
Here are the top 10 phrases from the Kölsch Code (also known as the "Rhenish Basic Law") with translations. Including Northern Lights survive playing the carnival in the Rhineland area of mirth.
Article 1: Is it Et as et
Look at the facts in the face
Article 2: Et Kütt as Kütt et
Do not be afraid of the future
Article 3: Et'd still jot
Learn from the past
jejange
Article 4: Wat is it FOTT
Whine things FOTT not to
Article 5: Et bliev nix wie et wor
Be open to new
Article 6: nit mer Know bruche, nit mer, FOTT
domit Be critical, when innovations take the upper hand
Article 7 Wat wave Maache
resign yourself to your fate
Article 8: jot Maach et, äver nit zo of
Watch your health
Article 9: Wat is dä nonsense?
Always place the universal question
Article 10: Drinks a met?
Come to the commandment of hospitality to
Helau!
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