BGH ruling: Helmut Kohl’s widow won’t share in e book earnings | EUROtoday

As of: April 23, 2026 • 3:56 p.m

Helmut Kohl’s widow has been preventing Heribert Schwan’s e book in regards to the former chancellor for years. It is now clear: Maike Kohl-Richter won’t share within the earnings, however different passages from the e book should be deleted.

More than 600 hours on round 200 tapes – that’s the results of the conversations between the previous Chancellor Helmut Kohl and the writer Heribert Schwan. On this foundation – and with out Kohl’s consent – he wrote the e book “Legacy – The Kohl Protocols” with many direct quotations from the conversations.

Kohl – and after his demise his widow Maike Kohl-Richter – say that Schwan mustn’t have used the conversations for this objective. They have been stored for Kohl’s personal account and have been stored confidential.

Rainer Dresen, normal counsel on the e book’s writer, says that there was by no means an specific declaration of confidentiality and that this query was left open – though Kohl had many alternatives to settle the problem of secrecy. This was additionally confirmed by Kohl’s sons in courtroom.

Kohl-Richter has already had success

For a few years, first Kohl himself after which his widow fought in opposition to the e book. Kohl-Richter was profitable on the Federal Court of Justice in 2021. He determined on the time that passages needed to be deleted. She then needed to produce other elements of the e book banned. Kohl-Richter additionally needed to know from Schwan how a lot cash the e book made – and to share within the earnings. That’s why she sued the writer.

The Cologne Higher Regional Court determined in 2024 that additional passages of the e book should be blacked out. The courtroom additionally upheld Kohl-Richter’s declare to details about the winnings. Although confidentiality was not expressly agreed upon, it was a part of the contract between the writer and the ex-chancellor even with out an specific settlement.

This is meaningless for Attorney Dresen. There is not any confidentiality settlement and no motive to guard Kohl as if he have been probably not able to doing enterprise. “Helmut Kohl negotiated reunification despite the resistance of numerous nations. The man does not need subsequent support from the civil courts.”

More cuts, however no cash

Since the widow and writer appealed, the case went to the Federal Court of Justice. He determined in the present day: The conversations have been confidential and mustn’t have been used for Schwan’s e book. Some passages should due to this fact be deleted from the e book, whereas the Cologne Higher Regional Court should make a brand new choice on others.

The motive: What turned public through the courtroom proceedings can be lined by the confidentiality settlement. The Cologne judges assessed this otherwise and now must test once more.

As far as details about the winnings was involved, the Federal Court of Justice rejected the Kohl widow’s declare. Schwan does not have to present her any details about this, says Thomas Koch, chairman of the First Civil Senate. The proper to data serves the aim of receiving a share within the earnings of the e book in a second step.

Profit sharing when utilizing Kohl’s voice

However, Kohl-Richter is just not entitled to a share of the earnings. This would solely come into consideration if, for instance, Kohl’s portrait or voice had been used. “By publishing the book – unlike if the tape recordings themselves had been published – Helmut Kohl’s characteristic voice was not made audible,” stated Koch.

Because the Cologne Higher Regional Court has to deal once more with some passages on which the BGH has not but made a closing choice, the authorized dispute continues to be not utterly over.