German court refuses compensation claim as abuser priest ‘acted in private’

COLOGNE (GERMANY)
The Tablet [Market Harborough, England]

July 9, 2025

By Natalie K. Watson

A survivor organisation called the ruling a ‘shame for a state based on the rule of law’ said it showed ‘profound ignorance of the institution of the Catholic Church and its teaching’.

A court rejected an abuse survivor’s claim against the Archdiocese of Cologne for more than €800,000 Euros because she was abused by a priest acting as her foster father.

The priest, identified as Fr U., abused his foster daughter Melanie F. for years and even forced her to have an abortion.

According to the court, because foster care is based on an act of the state the perpetrator had acted in private and not as part of his office, so a charge of liability on the part of the archdiocese could not be upheld.

The court also said there was no neglect of a general duty of care, as representatives of the diocese had not been aware of the abuse. The diocese welcomed the judgement, while noting: “There are no winners when it comes to the subject of abuse.”

The survivor organisation Eckiger Tisch called the ruling a “shame for a state based on the rule of law” and showed “profound ignorance of the institution of the Catholic Church and its teaching”.

“A priest promises to be celibate and to dedicate his entire life to the proclamation of the gospel,” said a representative of the group. It said the fostering arrangement had only been made possible because of Fr U.’s status and security as a priest, and the diocese had not exercised sufficient control and had enabled the abuse to happen.

Eckiger Tisch had also reported the Archbishop of Cologne Cardinal Rainer Maria Woelki for attempted fraud, accusing him of withholding documents relevant to the case.

The potential risk of a young priest fostering a young girl should have been recognised by representatives of the Church, argued Thomas Schüller, professor of canon law at the University of Münster, who had been an expert witness in the case.

Speaking to the Kölnische Rundschau, Schüller criticised the ruling: “For 40 years, I’ve been training priests and telling young men that they are entering into a total commitment, following Christ 24 hours a day. And now we’re learning from lawyers for the archdiocese that priests have a private space where they can do whatever they want.”

What is required, said Schüller, is a landmark ruling by Germany’s constitutional court to achieve a consistent approach regarding the official liability of churches in such cases. “Only then will survivors have the legal security they need.”

Eckiger Tisch said Melanie F. would appeal against the court’s ruling.

https://www.thetablet.co.uk/news/german-court-refuses-compensation-claim-as-abuser-priest-acted-in-private/