Rule of law in Germany

Article 1 of the Universal Declaration of Human Rights (UDHR) states that all human
beings are born free and equal in dignity and rights, endowed with reason and conscience,
and should act towards one another in a spirit of brotherhood. This is the fundamental
statement that emphasizes the inherent dignity and equality of every individual and lays
the foundation for all further human rights, as also enshrined in Article 1 of the German
Basic Law.

Higher Regional Court of Cologne
6th Civil Senate
Reichenspergerplatz 1

50670 Cologne

December 3, 2025

Statement of Grounds for Appeal

Andryk Verlag GmbH v. Arz und Wehrhahn GbR

Case No. 6 U 107/25

The defendant applies for legal aid and the assignment of legal representation, as I was
unable to retain his services.

 

The cessation of my public statements is permissible under fundamental and human rights.

Serious violations of this right have already occurred, as my access to Facebook has been revoked. The cessation of my statements cannot be prohibited. The lawsuit must be dismissed.

There is no legal basis to prohibit me from disclosing to third parties that I hold the rights to use and exploit the song „Heja BVB.“ The song was created from my idea, at my own expense, and with my own commitment. The song would not exist if I hadn’t created it.

Reasons:

The rights were transferred to me by Reiner Hömig, who produced the composition and lyrics for the song at my request and undertook this project due to the anticipated GEMA royalties. He subsequently transferred the rights to exploit the song to me. Mr. Hömig transferred the rights to me by handing over the master tape for the release of the song on my label „NEW BLOOD Schallplatten,“ and Mr. Hömig agreed to the unlimited first release. I have handled the production, record manufacturing, promotional activities, and distribution since 1977. No cease-and-desist order, warning, or similar action regarding my unlawful actions was ever issued. Mr. Hömig handled the production on my behalf and under my terms and conditions. There were no outside agreements. I covered all studio production costs. Mr. Hömig provided me with the master tape for exploitation and use, crediting the performer, Karl-Heinz Bandosz, the author, Reiner Hömig, etc., for the unlimited production of any kind of recordings. It is simply logical that the author has an interest in seeing many recordings sold, as this activates GEMA licenses. Mr. Hömig was never a recording producer and never claimed to be. Mr. Hömig would never have created this song himself and generated GEMA royalties if I hadn’t had the idea, which Mr. Zimmermann brought to me, and hadn’t taken over the planning, implementation, and organization. It remains incomprehensible, indeed absurd, that he once provided me with the information necessary to file a lawsuit against GVL and later joined GVL’s side in the Berlin Regional Court to take action against me. This seems nonsensical because, if I were to successfully enforce the right to have football club songs in the first and second Bundesliga recorded and compensated on a usage-based basis, he would have substantial legal claims against GEMA. The lyrics could be used for advertising purposes, as indicated by the lyricist on the label cover. The lyrics were already available online; I had not uploaded them. The rights to use the composition also included the use of the lyrics for advertising purposes, such as commercials. The use and exploitation of the rights to the song „Heja BVB“ had never been objected to by the author and producer since 1977; on the contrary, these rights were supported and promoted by the author and producer, Reiner Hömig. He advocated for her.

There was never any doubt, not even on Mr. Hömig’s part, that I have held the rights to use and exploit the song since 1977. Mr. Arz can attest to this, as he too has been misled by Mr. Hömig’s current claims. According to the Cologne Regional Court, Mr. Hömig, Horst Mester, the BVB fans, the singer, and others were lied to and deceived by him, and he is not limited in his thinking.

Mr. Hömig himself claimed that he created the song with singer Karl-Heinz Bandosz and the BVB senior citizens‘ club, specifically for me, as he stated in a book article in which he was interviewed.

Mr. Hömig himself claimed that he created the song with singer Karl-Heinz Bandosz and the BVB senior citizens‘ club, specifically for me, as he stated in a book article in which he was interviewed. He contradicts himself in the documents submitted to the court!Mr. Hömig contradicts himself. Mr. Hömig himself claimed that he created the song with singer Karl-Heinz Bandosz and the BVB senior citizens‘ club for me, on my behalf, as he stated in a book article in which he was interviewed. However, he contradicts himself in the documents submitted to the court!

The rights to the song belong to me, Manfred Wehrhahn! The version of the song with singer Karl-Heinz Bandosz was paid for by me in the Düsseldorf studio and could also be extracted from the master tape. Another version of „Heja BVB,“ which Mr. Hömig’s crew supposedly recorded after 48 years, does not exist. It is alleged that singer Karl-Heinz Bandosz was not even in the studio in 1977 and that Mr. Hömig’s crew alone recorded the song. If this were true, he defrauded me by falsely attributing the performances to me and seriously infringed my copyright. Mr. Hömig is now claiming this after 48 years. This is unbelievable, contradictory, and untrue. The fact that the Cologne Regional Court ruled on this can only be attributed to obstruction of justice by a public official.

For 48 years, with Mr. Hömig’s knowledge, I was able to use various media formats and third-party labels, including vinyl singles, CDs, DVDs, streaming services, and downloads, without any issues.

And this is precisely what they want to keep hidden: the truth of the fraud. This lawsuit, along with several other injunctions from Dr. Andryk, is intended to intimidate me, silence me, and damage and discredit me financially and economically, so that this collective fraud and abuse of rights doesn’t come to light—but it will! These are procedures like those in North Korea, the former GDR, or in Russia and China.

Due to the legal dispute, I have refunded the synchronization licenses I received from EA Sports without acknowledging any legal claim against Mr. Hömig. Even though Mr. Hömig, with the involvement of his legal counsel, did not pursue the disputed synchronization rights to the song „Heja BVB“ as singer Karl-Heinz Bandosz, including my undisputed rights of use and exploitation, against EA Sports, these rights were not relinquished by Mr. Hömig because EA Sports exerted pressure. EA Sports urgently wanted the licenses for product planning for another three years.

That the copyright holder intended to fraudulently acquire the rights was proven by his claim before the Cologne Regional Court that the singer, contrary to an interview he gave for a book article, was not in the Düsseldorf music studio in 1977 and therefore did not record the song, despite having asserted this to me in 1977, based on information on the label, when handing over the master tape, and again in 2023 to his lawyer, Dr. Andryk, who also owns the label, stated the following regarding the transfer of my rights to the song to Andryk Publishing: Singer Karl-Heinz Bandosz

There are not two versions of the song. The second version was created the moment it became crucial that I hold the rights of use and exploitation, as I organized the studio production, paid the performers and the studio. For this reason, a new lineup was needed after 48 years, and Mr. Hömig and/or Dr. Andryk introduced a different lineup in an attempt to acquire the rights. I call this fraud! This, of course, cannot be made public and will not be prosecuted because even judges of the Cologne Regional Court are implicated in the crime.

There are other incidents in which Mr. Hömig granted me rights. I will provide these details if requested or deemed necessary.

The law must be understandable, otherwise it is impossible to orient oneself by it. The current legal acrobatics distort the law, making it opaque and allowing for arbitrariness and harassment, which has been used here in the abuse of the law. Citizens are no longer in control of their rights and are at the mercy of the system. Their legal representation is subject to judicial bias, leaving the plaintiff or defendant helplessly at the mercy of this system and unable to understand the law. Under these conditions, the judiciary must learn to accept these violations of the law because, in the confusion surrounding the law, more and more citizens are unable to uphold their rights and resort to vigilante justice.

The USA has presented its long-awaited new national security strategy. In it, they lament a loss of democracy and freedom of expression in Europe and call for a „course correction.“

Europe faces major problems, according to the document published by the White House. These included, among other things, „censorship of free speech and the suppression of political opposition, plummeting birth rates, and the loss of national identities and self-confidence.“ The US government also identifies immigration policy as a European problem. The European Union and its „activities“ are described as a fundamental problem for the continent.

I hope that the compensation I’m owed since 1977 for singing the song „HEJA BVB“ in Dortmund’s stadium and other stadiums will finally reach me and allow me a peaceful retirement! I’m still in excellent health, so I can enjoy a few more years of contention, a peaceful and comfortable retirement, after all the harassment and unjust financial and economic damage.

Manfred Wehrhahn