Judgment N. Achikzei, Z. Mehraban, S. Achikzei against Advios Assurantiën BV and Geissen on account of a wage claim, defamation, slander and insulting behaviour

261330 / KG ZA 09-49
February 18, 2009

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2.3. On 7 May 2008 Geissen informed Achikzei by telephone that her employment contract would not be renewed.

2.4. Achikzei has taken Advios to court on account of overdue wages. The judgment of the Subdistrict Court in Utrecht dated 9 July 2008 (known as case No 581426 UC EXPL 08-9098), declared enforceable by default, provides, among other things, for the following:
“sentences the defendant to pay the claimant against proof of discharge:

1. € 1,700.00 gross in respect of the salary for the month of May 2008;
2. € 1,632.00 gross in respect of unpaid holiday pay;
3. € 567.00 gross in respect of unpaid holidays;
4. the statutory increase pursuant to Section 7:625 of the Netherlands Civil Code of 50% over the allocations referred to under 1. to 3. above.
amounts;
the statutory interest on the allotment referred to in 1. to 4. above, from 1 June 2008 until the date of the Sufficiency”

2.5. On 18 December 2008 Achikzei filed a declaration against Geissen on account of slander, libel and insult.

2.6. By letters of 5 January 2009 and 9 January 2009, Advios and Geissen were appointed on behalf of Achikzei requested that no more e-mails be sent to Achikzei and summed up the messages about Achikzei from various Internet forums.

3. The dispute

3.1 Achikzei claims – after increase of requirement – by judgment, enforceable by stock, Advios and Geissen jointly and severally condemn to stop sending e-mails to Achikzei, third parties or internet forums that may cause damage to Achikzei and, in addition, to the all-embracing sent messages about Achikzei to the internet forums of a number of named remove or have removed internet forums and furthermore to refrain in the future from which Any statement that could cause damage to Achikzei, under penalty of a a fine of EUR 1,000.00 per day for each time Advios and Geissen use one of these or prohibited, counting from the service of the judgment to be given in this judgment, order Advios and Geissen to pay the costs.

3.2. Geissen puts forward a defence. The statements of the parties shall be followed below, to the extent of importance, in more detail.

4. The assessment

4.1. Geissen has appeared in person at the session and also acts on behalf of Advios. At the session Geissen has declared that he is one of the directors of Advios under the articles of association.

4.2. Achikzei states that Geissen is acting unlawfully towards it by harassing it. with several emails and by unsubstantiated allegations, accusations and to place inaccuracies on various internet sites. Achikzei refers to the following websites: internetoplichting.nl; expiratieweb.nl; kopersbelangen.nl; godvoordommen.nl; Afghan.nl; Forum.filisofie.be; BeoorddeelZelf.nl and yelloyello.com.

261330 / KG ZA 09-49
February 18, 2009

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4.3. Geissen has left undisputed that he has received several e-mails from Achikzei. and publications on the Internet. Geissen states that he has not published the on the websites internetoplichting.nl; kopersbelangen.nl and godvoordommen.nl has removed. Achikzei has disputed the aforementioned proposition of Geissen and a recent printout. of these websites. The Court in preliminary relief proceedings is of the opinion that this is insufficiently fixed. is to state that the publications on the aforementioned websites have actually been removed.

4.4. Furthermore, Geissen argues that, by e-mail dated 7 May 2008, which – if he did not do so – was was sent via Achikzei’s business computer, a death threat to Zaman. Mehraban, plaintiff sub 2, has received. Geissen filed a declaration to that effect on 14 May 2008. in the police force.
Leaving aside the question of whether this would justify his behaviour, it is clear from the text of the e-mail of 7 May 2008 submitted by Geissen not of any death threat to Geisses. In addition, Geissen has also failed to demonstrate that he has reported the matter to the police. On the basis of all this, especially in view of the productions, which show the unlawfulness of the messages, the Commission considers that The court in preliminary relief proceedings has sufficient ground to enforce the commandment claimed by Achikzei. to grant a ban.

4.5. This means that the claim will be made in the manner laid down in the operative part of the judgment. The Commission shall be empowered to make an award in accordance with the procedure laid down in Article 12(2), subject to the proviso that the periodic penalty payments also claimed shall be to a moderate amount of EUR 500,00 per day, with a maximum for each periodic penalty payment of EUR 500,00 per day. will be connected of EUR 15,000.00.

4.6. Geissen and Advios, as the party found against, shall pay the costs of the proceedings. will be condemned. The Court in preliminary relief proceedings will apply Article 243. Rv. The costs on the side of Achikzei are estimated at:
– summons EUR 85.98
– Fixed duty debited 254.00
– salary 816.00
Total EUR 1,155.98

5. The decision

The judge in preliminary relief proceedings

5.1. orders Advios en Geissen to stop sending e-mails to Achikzei, third parties or internet forums that may cause damage to Achikzei;

5.2. condemns Advios and Geissen to remove (or have removed) the messages already sent about Achikzei to internet forums mentioned under point 4.2. of these internet forums;

5.3. condemns Advios and Geissen to refrain in the future from making any statement whatsoever that may cause damage to Achikzei;