Judgment of the OLG Naumburg: Speed measurement and gender formula under criticism!

Judgment of the OLG Naumburg: Speed measurement and gender formula under criticism!

A look at the current developments in legal system shows that the Higher Regional Court (OLG) Naumburg referred a significant judgment on July 4, 2025. In a procedure that was originally negotiated before the Dessau-Roßlau District Court, the OLG found that fundamental defects in the reasoning were presented. These deficiencies primarily concerned the speed measurement as well as the calibration of the measuring device and the hearing of the measuring official. The district court of Dessau-Roßlau had previously imposed a fine of 480 euros and a one-month driving ban.

The person concerned had lodged legal complaint and objected to the violation of both the formal and material law. The General Prosecutor's Office (Gensta) in particular expressed concerns and supported the legal complaint by requesting the abolition of the judgment. [BECK] (https://rsw.beck.de/aktuell/daily/manden/olg-naumburg-1orbs133-25-sachversta-perse-s-s-s-s-s-s- Neutral-name-criticism) reports that the OLG Naumburg followed the statement of complaints without further explanations. This also criticized the use of gender -neutral formulations in the judgment, such as the name of the person concerned as a "data subject" and the expert as "expert". Only the judge was mentioned in the conventional form.

accusation and punishment

The case becomes even more interesting if you take a look at similar procedures. The OLG Naumburg was already confronted with another case on October 4, 2024, which concerned the negligent speed crossing and not leading important documents. Here a fine of 440 euros and a driving ban of one month was imposed. In this case too, the Attorney General provided a legal complaint and pointed out that the judgment of the district court was not sufficiently justified, which led to a review and referral. Burhoff describes that serious defects were found in the evidence.

Another aspect that comes up in the reports is the divergence between different dishes regarding access to raw measurement data. A decision by the Federal Court of Justice (BGH) of March 30, 2022 illuminates that in a procedure on speed crossing, there is no sufficient templates for the transmission of such data. [Nwb] (https:// databenbank.nwb.de/dokument/993397/) emphasizes that the evidence of this data is crucial for defense and that different views of their relevance exist.

criticism of gender -friendly language

The use of gender -neutral formulations in the judgment of the district court is viewed critically from various sides. The Gensta argues that such formulations should only be used if there is an express request from those involved. This discussion shows that the legal system in Germany is in a change that also affects the linguistic design of judgments. It remains to be seen how courts will deal with this topic in the future.

Overall, it can be said that the case law in Germany is subject to constant change. The current developments relating to the judgments of the OLGS Naumburg and Zweibrücken clearly show the challenges and the required precision in the reasoning. The company could be influenced by these judgments in both questions of gender justice and in the right to process.