Kiel newspaper publisher prevails against DJV and ver.di before the Higher Regional Court of Schleswig-Holstein

Kieler Zeitung Verlags- und Druckerei KG-GmbH & Co. has largely prevailed in a legal dispute with the German Journalists' Association (DJV) and the ver.di trade union before the Higher Regional Court of Schleswig-Holstein (OLG). In preliminary injunction proceedings, the Higher Regional Court confirmed the opinion of the publisherpublisher's position, represented by SKW Schwarz, that a new remuneration model for freelance journalists is lawful (RefCase No. 6 U 32/24).

In 2024, the Kiel-based newspaper publisher introduced a new remuneration model for freelance journalists based on package pricesflat-rate pricing for texts and photos, which rewards the services ofcompensates freelance journalists journalists' services in a fair and transparent manner. Under the terms of this model, remuneration is payable even if thean article commissioned by the publisher is not published. The new model thus meetsaddresses the needs of those involvedall parties in a rapidly changing media world. landscape.

The DJV and ver.di rejected this model and applied to the Flensburg Regional Court for a preliminary injunction, which the Regional Court granted in part afterfollowing oral proceedings (Ref.:Case No. 8 O 117/24); the). The main criticism here wasconcerned the alleged lack of transparency ofin some of the regulationsprovisions. The publisher appealed against this decision to the Higher Regional Court of Schleswig-Holstein. The Kiel-based newspaper publisher had made only mademinor adjustments to the model on a minor point and issued a cease-and-desist declaration.

InDuring the oral hearing on 10 April 2025, the Higher Regional Court of Schleswig-Holstein made it clear that, unlike the Regional Court, it considers the contractual clauses still objected tocontested by the DJV and ver.di to be lawful. In particular, the court also rejected the unions' viewposition that copyright provisions on joint remuneration rules were applicable. Following these clear indications from the Higher Regional Court, the unions withdrew their application for a preliminary injunction. This concludes, thus concluding the preliminary injunction proceedings. 

“We welcome the clear linestance taken by the Higher Regional Court of Schleswig-Holstein, which confirms our legal opinion,’position," says Dr. Konstantin Wegner, who, together with Johanna Weiß, conducted these proceedings on behalf ofrepresented Kieler Nachrichten. ‘ in these proceedings. "Our client can now continue to implement a modern remuneration system for its freelance employees.”