The Court of First Instance determined that the Commission did not comply with its responsibilities as outlined in Article 85 (1) of the Treaty.
In a significant legal dispute, gynecologist Joachim Volz is taking on a Catholic hospital after a merger resulted in a ban on performing abortions, even in cases of severe fetal malformations. The Labor Court of Hamm is set to make a decision on this matter on August 8, following a failed settlement hearing.
Volz, who is represented by employment lawyer Till Müller-Heidelberg, argues that the ban ignores medical judgment, the will of the patient, and the law that allows such a procedure in certain cases. He contends that enforcing Catholic moral and ethical principles through employment law contradicts European case law and German law, with a few exceptions.
The clinic in question, which was merged with a Catholic provider, is now obligated to consider Catholic interests regarding the performance of abortions, according to the service instructions given to Volz. This prohibition extends to both inpatient and outpatient areas, and even applies to Volz's private practice in Bielefeld.
The regional medical association Westphalia-Lippe supports Volz and his stance against the ban, with association president Hans-Albert Gehle stating that doctors should not be forced to refrain from performing an abortion when they want to help pregnant women in distress. The Archdiocese of Paderborn, on the other hand, criticizes Volz for publicly questioning the clinic's ethical orientation, stating that the new shareholders' agreement anchors the comprehensive protection of life at both the beginning and the end.
In response to the ban, Volz launched an online petition titled "I am a doctor and my help is not a sin" as a wake-up call to politics and society. The petition has already garnered more than 150,000 signatures. A demonstration is planned in Lippstadt on the day of the hearing, with a march from the clinic to the court, including political representatives from the state and federal levels.
The future outcome of this lawsuit remains uncertain, as specifics vary significantly by jurisdiction and case details. However, similar cases often hinge on hospital religious directives, state abortion laws, and patients’ rights. As of now, the legal status of this specific lawsuit is unclear, as there is no specific information available about a lawsuit filed by a gynecologist against a Catholic hospital related to a ban on performing abortions in cases of severe fetal malformations due to a hospital merger.
- Joachim Volz, a gynecologist, is challenging a Catholic hospital over a merger-induced ban on performing abortions, even in cases of severe fetal malformations.
- The ban, according to Volz, ignores medical judgment, the will of the patient, and the law permitting such a procedure in certain cases.
- Volz's private practice in Bielefeld is also affected by the ban, as the clinic he's associated with is obligated to consider Catholic interests regarding abortions.
- The regional medical association Westphalia-Lippe backs Volz, with president Hans-Albert Gehle asserting that doctors should not be compelled to refrain from performing an abortion when assisting distressed pregnant women.
- Politics and society are the targets of Volz's online petition titled "I am a doctor and my help is not a sin," which has gathered over 150,000 signatures.
- A demonstration is scheduled in Lippstadt on the day of the hearing, involving political representatives from both state and federal levels, as well as a march from the clinic to the court.