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kuerbel 4 hours ago

They don't have to follow it but leading decisions (Grundsatzentscheidungen) still influence how a lower court judge might interpret the same law. Based on providing legal certainty instead of stare decisis though. It's not a must, more of an... aid

isaacfrond 3 hours ago | parent [-]

This is not such a decision though; it's a first instance decision at a lower court.

9dev an hour ago | parent [-]

Still - a judge on another case will probably factor this one into their decision, but if they have a radically different view or the case is sufficiently different, they could just as well come to a different conclusion.