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Below are some of the findings of courts in Germany:
The Church is a religious community which offers teaching based on its tenets, which include the belief that it is proper to improve the well being and happiness of men.
Decision of the Stuttgart District Court, No. 13 C 3687/76, 8 December 1976, Hans Peter Fuger v. Stuttgart Church
Scientology is a religious belief that cannot be scientifically assessed and its services are of a religious nature.
Regional Court of Munich I, 6th Chamber for Civil Matters No. 6 0 5709/82, 6 0 6 6895/82, 7 January 1993, Kager v. SKD, Ertl v. SKD
The proof offered by the applicant itself support the assumption that based on its teachings it constitutes a philosophical community in the sense of Article 4G.
Hamburg State Court of Appeals OVG Bs III 326/93, 11 VG 1650/93, 24 August 1994, Church of Scientology Hamburg, Free and Hanseatic City of Hamburg.
Church staff have a right to disseminate their religion on the streets. It is a constitutional right to express ones opinion freely and to practice and establish ones religion.
Stuttgart District Court, No. B 33 OWI 9306184, 30 January 1985, People v. Karl Friedrich Munz
The Church of Scientology is a recognized religion in Germany and protected under Article 4 of the German Constitution which guarantees freedom of religion.
Public Prosecutor, Regional Court of Frankfurt/Main, No. 92 Js 1256, 7 October 1988
Scientology is a bona fide religion and an association that is not only united for ideological purposes but also pursues a transcendental purpose.
Superior Court of Hamburg, No. 71 T 79/85, 17 February 1988
The Church is philosophically active and the promotion of its tenets is protected under Article 4 of the Constitution.
Administrative Court of Berlin, No. VG 1 A 73.86, 12 October 1988, Scientology Kirche Berlin v. the State of Berlin
The promotion, dissemination and propagation of the Scientology religion is protected by the Constitution.
Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt
Exercise of religion does not only include cultic acts such as the observation of religious usages including service, collections of church offerings, prayers, receiving of the sacraments, display of church flags and ringing of bells. It also includes other expressions of religious and ideological life, especially missionary activities which promote ones own faith.
Hanover District Court, Division 260, No. 260 - 347/90, 19 September 1990
There is no evidence of profiteering by the Church and the value of the services cannot be measured by market value as they are spiritual services intended by the plaintiffs to fulfill their own personal spiritual needs.
4th Civil Court of Regional Court of Frankfurt, No. 2/4076/92, 27 May 1992, Gebauer v. Church of Scientology of Frankfurt e.V.
Auditing is a religious activity, and it is the focus of the religious practice of the Church.
Stuttgart District Court, No. 27 0 417/92, 9 December 1992, Graf v. Dianetics Center Stuttgart
The delivery of services is part of a religious and life-philosophical character and based on the principle of free religious practice.
Regional Court of Frankfurt/Main, No. 2/4 0 235/92, 24 February 1993, Koch v. Church of Scientology of Frankfurt
The Purification Rundown and the book All About Radiation by L. Ron Hubbard are not of a medical character as they have their origins in the religious ideas of the Church of Scientology, which are protected by the Constitution. The Purification Rundown does not fall within the medical field as no diseases, in the proper sense of the word, are being cured but rather a mental-spiritual procedure is performed on healthy persons.
Department of Public Prosecution, Regional Court, Frankfurt/Main, No. 92 Js 12546/85, 7 October 1987
Auditing does not intervene in the field of medical therapeutic treatment. It is the central point of spiritual/religious practice and ministerial provision of salvation in Scientology. Physical and psychic improvement is expected as a promise--even if just as a by-product -- within the religion for the members who follow its tenets. This does not, however, make auditing a medical therapeutic treatment; it rather evades scientific evaluation because it is part of a religious/philosophical denomination with corresponding activities.
Regional Court Frankfurt/Main, No. 2/4 0 471/88, 7 June 1989, Emiliano Padin v. Mission of Scientology of Frankfurt
Auditing is an essential part of the teachings of Scientology according to the self-understanding of the Church and based on this, the term "commercial enterprise" cannot be applied to the Church.
Bavarian State Administrative Court of Appeal, No. 5 B 85 A 2190, Minutes of the trial of 5 June 1985, Church of Scientology Germany, Hubbard Scientology Organization of Munich Inc., v. City of Munich
A German court cancelled proceedings against the Frankfurt Mission, reaffirming the missions incorporation as an idealistic organization rather than a commercial one.
District Court of Frankfurt/Main, 73 VR 6603, 17 March 1988
As the Church is a religious community, payments made by plaintiff are to be regarded as contributions for financing the entire association. The services delivered are characterized by a religious motivation and cannot be valued financially. The payments made by the defendant were a contribution to the maintenance of the organization of the defendant.
Country Court Munich I, No. 23 0 4805/92, 30 March 1993, Goepel v. Nymphenburg Mission
Under no circumstances can it be accepted that the Church of Scientology is denied the protection of Section 4, paragraph 2 of the Constitution.
Freiburg County Court, February 6 1996.
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