SS song at funeral

FPÖ MPs win against “Der Standard”

The liberal politicians Norbert Nemeth (left) and Harald Stefan

(Bild: Jöchl Martin)

Three FPÖ MPs have filed a lawsuit against "Der Standard": In an article, the politicians are accused of not having distanced themselves when singing a National Socialist anthem at a funeral. According to the judge, this amounted to defamation. The medium must now pay the men a total of 20,250 euros.

"Can we leave the emotions out of it right at the beginning?" asks Judge Daniel Potmesil to both sides in the Vienna Regional Court. Somewhat unsuccessfully. "An agreement is out of the question in this case due to the seriousness of the allegations," lawyer Christoph Völk immediately clarifies. He is representing the FPÖ MPs who are suing "Der Standard" for defamation. 

"Loyal song" at the funeral of a fraternity member
On September 28, the medium published the article entitled: "FPÖ candidates at funeral where SS allegiance song is sung". Attached is a video showing the funeral of former FPÖ district councillor Walter Sucher - and the Freedom Party candidates Martin Graf, Norbert Nemeth and Harald Stefan. The latter two are present in person at the Vienna Provincial Court.

The "Treuelied", which was sung with preference by the National Socialist Schutzstaffel (SS), is announced at the funeral. And this is also the subject of the trial. The plaintiff argues: "They were accused of a crime." In its reporting, the "Standard" had accused the FPÖ MPs of having National Socialist ideas. "But that is simply wrong." Because the song "Wenn alle untreu werden" has been around since 1819. "It's a student and folk song." The SS had "misused" it as an anthem.

From left to right: FPÖ MPs Norbert Nemeth and Harald Stefan with their lawyers Werner Tomanek and Christoph Völk

(Bild: Jöchl Martin)

"Standard" lawyer Michael Pilz counters: "The gentlemen did not miss the opportunity to sing an SS anthem at the grave of a fraternity member." However, the article in no way accuses the politicians of having National Socialist ideas, it is merely a list of facts. This process "expresses the insult of the plaintiffs".

"Expresses federal brotherhood and friendship"
Over the next two hours, there is a discussion about text passages. Was "loyalty" sung instead of "repentance"? Why was homage paid to the holy German Reich? Was it the version from an SS songbook? Stefan and Nemeth denied any National Socialist reference on the witness stand: "It's a song that expresses federal brotherhood, solidarity and friendship." Neither of them wanted to answer whether they actively sang along at the open grave of the deceased fraternity member Sucher.

Investigation proceedings due to reactivation
This is probably also due to the fact that an investigation is pending against the politicians at the Vienna public prosecutor's office because of the funeral video - lawyer Werner Tomanek is defending them. In the media case, they will definitely be proven right in the first instance. Judge Daniel Potmesil reasons: "I believe that the statement that the SS song was sung is true." Nevertheless, the reader of the article would be led to believe that a version specially modified by the NSDAP was chosen. And that is not correct.

The "Standard" is ordered to pay the three MPs 6750 euros each - a total of 20,250 euros. The verdict must also be published. Media lawyer Michael Pilz immediately lodges a full appeal against this. The plaintiff side makes no statement. The judgment is therefore not legally binding.