Attack on the publishing house Amici di Dirk No.3

On March 28, 2023, the publishing house Amici di Dirk® received a letter from a lawyer by e-mail. The publishing house, or Bona Hamer, is threatened with a cease and desist action and a €50,000 fine, and the Working Group should remove the "Corrections?" from the website and publicly retract its statement. After no action was taken by the publishing house and the Working Group did not retract the "Corrections", the next publication followed:

⇢ Document: Lawyer's Letter published on Telegram-channel "Helmut Pilhar - GHk Academy German/English" April 8, 2023 (in English April 12, 2023)

Quote Capetanis: Since the publishing house Amici di Dirk, the Working Group and all the other parties involved have not stopped distorting the facts and lying, the first steps towards legal clarification have been taken. See below, the action for cease and desist. No correction was made by the publishing house within the deadline set.

Cease and Desist - Lawyer's Letter

Nick Capetanis ./. AMICI DI DIRK S.L.

Sehr geehrte Damen und Herren,

Dear Sir or Madam,
we indicate proper authorization to represent the legal interests of Mr. Nick Capetanis and request you to

Omission

of actions described in more detail below.

I.)
1.)

The subject of our assignment is first of all the article "Corrections?" published at the end of February on the homepage subject to your sphere of influence.

Cf. https://germanische-heilkunde-dr-hamer.com/hilfe/richtigstellungen

In this article published by the "Working Group of Germanic Medicine", whose members are all known to our client, a - presumably purely fictitious - inquiry is taken as an opportunity to criticize our client in the public opinion. discredit and disparage our work. Specifically, it is claimed that you would not know who our client - Mr. Nick Capetanis - is, and - even more seriously - that with reference to Mrs. Bona Hamer, it would not be true that our client had worked on various projects alongside Dr. Hamer.

Specifically, the article asserts:

"We also do not know who Nick Capetanis is. But the statement "he would have worked alongside Dr. Hamer on various projects" does not correspond to the truth Bona Hamer can not confirm."

As you are demonstrably aware, this is an untrue statement of fact. Mr. Capetanis is more than well known to you and especially to Mrs. Bona Hamer.

Embedded in the overall context of the statements, in which it is to be suggested that our client is a "self-proclaimed therapist" who only wants to earn money in the slipstream of Dr. Hamer and Mr. Pilhar, this false allegation is and was suitable to make our client contemptible in the public perception and to disparage him in the public opinion. Reference is made to § 187 StGB.

Incidentally, and in particular, this false factual allegation is also likely to jeopardize our client's credit and bring about disadvantages for his acquisition. As managing director of GHk Pilhar Academy, such untrue factual allegations are highly damaging to the business.

Similarly, our assignment also applies to the above article in English and the corresponding passages, which you can read under

https://en.germanische-heilkunde-dr-hamer.com/hilfe/rectifications

have ready for retrieval.

2.)
Furthermore, we were mandated because of a contribution which, according to its presentation, was and is created and distributed under the leadership of your publishing house using your logo.

Specifically, it is the following contribution:

In the article, you raise the question "Attempted hostile takeover by the Deep State Trojans?" and then link to the above-mentioned article in English. Hereby you want to suggest that our client is part of the so-called "Deep State", which wants to undermine or even take over your publishing house in a hostile spirit. As you are aware - and therefore deliberately put into context by you - the accusation that you are part of the so-called "Deep State" is not true.
"Deep State" - especially in the relevant circle of recipients - suitable - and so also intended by you - to disparage our client in the public opinion and to make him contemptible. This statement is therefore also and in particular suitable to jeopardize our client's credit and to bring about disadvantages for his acquisition. As the managing director of GHk Pilhar Academy, such untrue statements of fact are highly damaging to the business. A business damage has already occurred, which will be explained in detail in the further course.

II.
1.)

You are therefore invited to read the report prepared under the heading

"Ric6figste//unyeo*" ¹

on your homepage

https://germanische-heilkunde-dr-hamer.com/hilfe/richtigstellungen

published articles, but at least the challenged false allegations.

immediately, but at the latest by the end of March 31, 2023

to remove. This request applies equally to the English version of the article on the homepage at

https://en.germanische-heilkunde-dr-hamer.com/hilfe/rectifications

 2.)

In addition, you will be asked to pay the above-mentioned contribution

immediately, but at the latest by the end of March 31, 2023, and to refrain from its dissemination.

III.)
Furthermore, we have to request you to provide a sufficiently punitive

Cease and desist declaration

to be submitted. We have set a deadline for the receipt of such a submission until

04.04.2023

noted. We consider receipt by fax or e-mail to be in compliance with the time limit, provided that the original follows immediately. It is not sufficient that you do not intend to commit the disputed act in the future. According to case law, the risk of repetition documented by you through the infringing act can only be eliminated by issuing a serious and therefore punishable cease-and-desist declaration. If a sufficient cease-and-desist declaration is not received in due time, we will recommend our client to seek legal assistance without further correspondence.

IV.)
Furthermore, our client is also entitled to a claim for rectification under § 1004 of the German Civil Code (BGB) analogously from the point of view of remedying the consequences, whereby the source of interference created by you is eliminated.

You can meet this requirement by immediately including the following text in your offer without insertions and omissions in the same form as the initial statement:

"On our homepage www.germanische-heilkunde-dr-hamer.com we have under https.//germanische-heilkunde-dr-hamer.com/hiIfefrichtigstellungen under the headline "Corrections?" claims that we would not know who Mr. Nick Capetanis isf and that it was not true and that Mrs. Bona Hamer could not confirm that Mr. Capetanis had worked on various projects alongside Dr. Hamer. We hereby revoke these allegations as untrue and withdraw them. 

(Signature/Signature)"

For the publication of this correction, we have also set ourselves the above-mentioned deadline of

31.03.2023

earmarked.

V.)
In addition, our client is entitled to monetary compensation as satisfaction. He has suffered immaterial damage as a result of the serious infringement of his general personal rights caused by your article, which was caused by your culpable - at least negligent - actions. Furthermore, there is no other reasonable possibility of compensation, since the advertisement does not compensate for the infringement of personality rights that has already come to light and a possible counterstatement entails the justified risk of further damaging the personality interests of our client.

Against the background of the observed tendency in case law to award high amounts of monetary compensation for violations of the right of personality by the media, we propose to our client's satisfaction a benevolent amount of

50.000,00€

\/OF, Countable within 14 days to our office account at [...]

Our power of attorney to receive money is derived from the power of attorney. It should be noted that if the deadline expires, we are also provided with a mandate to take legal action and in this case we have the pro- cessual option of filing an unspecified claim and leaving the amount of the monetary compensation to be paid to the discretion of the court, which is expected to result in much higher compensation amounts. You can only avoid this by paying in due time.

We expressly reserve the right to assert further claims. As a purely precautionary measure, we would also like to point out that under the aspect of the so-called "flying jurisdiction", which applies to statements on the Internet, the way to the German courts is open in the present case without further ado.

With kind regards
(signature)
Lawyer

⇢ Document: Lawyer's Letter publishedon Telegram-channel "Helmut Pilhar - GHk Academy German/English" April 8, 2023 (in English April 12, 2023)

1 - Richtigstellungen?