The restaurateur risks a fine of up to 250,000 euros or a sentence of up to six months in prison
The Frankfurt restaurateur, Constantin Ulbrich, who ended up in the storm two years ago for having called his local “Falcone e Borsellino”. On the walls of the pizzeria, on which bullet holes had been reproduced, Ulbrich had also hung the famous photo of Tony Gentile which portrays the two judges murdered 30 years ago, and next to it he had placed the image of Don Vito Corleone from the famous film ” The Godfather”. A choice that Maria Falcone did not like, sister of the judge killed by the mafia and president of the Foundation that bears the name of the magistrate who had resorted to inhibiting the trader from using the name of Falcone. But in the first instance the application was rejected because, the court wrote, “Falcone operated mainly in Italy and in Germany he is known only to a small circle of professionals and not to ordinary people who frequent the pizzeria”. the court also maintained that, having passed 30 years since Falcone’s death, the issue of the fight against the mafia was no longer so felt among the citizens.
The appellate judges of Frankfurt am Main overturned the first instance sentence and accepted the appeal presented by Professor Falcone. In the sentence, filed a few days ago, the court ordered the prohibition of the use “of the commercial name ‘Falcone’ alone or as part of a commercial name, in particular as the name of the pizzeria ‘Falcone e Borsellino’, on signs, menus, advertising material, on the internet, on Facebook and on Instagram in the context of commercial activity “. “It is a sentence that restores the sense of respect. There are names and topics on which it is not possible to ironize, joke and even less speculate for commercial purposes ”, comments Maria Falcone who thanks the lawyers Rodolfo Dolce and Angela Bonacina who assisted her for their work.
The court also recognizes that Maria Falcone has a legitimate claim to the right to claim compensation based on the right to a name and the right to personality post mortem. “The violation of Judge Falcone’s right to post mortem personality by questionable commercial acts because they conflict with her life and her work is fundamentally to be approved”, the judges finally write.