Last chance: ECHR appeal until 23 January 2026

The gatekeepers have cleverly understood how to use freedom of speech. In the emerging digital autocracies, you can say almost anything because it generates clicks and thus revenue. That’s why I repeatedly find myself in nonsensical discussions with people who are convinced that we will continue to live in a democracy even in a digital society. There are very few who can really pose a threat to the gatekeepers through concrete measures. Only in hindsight can one relate the deviation from one’s own ideas to the extreme measures taken against oneself and – like me – prove that actors promoting democratic digital concepts are being deliberately eliminated.

Last chance: New ECtHR complaint until 23 January 2026 – Europe must act now!

By Olaf Berberich, initiator of the European Digital System (EU-D-S)

The clock is ticking: Why this day changes everything

On 23 January 2026, the four-month deadline for submitting a new complaint to the European Court of Human Rights (ECHR) (Art. 35(1) ECHR). Following the rejection of my first complaint on formal grounds (Art. 47 Rules of Procedure), this is the last opportunity to denounce Germany’s systematic denial of justice at European level – and to secure €3 billion for Europe’s digital sovereignty.

Current status:

  • ECHR case number: ECH-Ager6 AMU/KVN-F/ssc (provisional)
  • Subject: Systematic violation of Art. 6 (fair trial), Art. 13 (effective remedy) and Art. 18 ECHR (abuse of rights) by the German judiciary, public prosecutors and authorities since 2001.
  • Objective: Compensation for the damage to society (at least €3 billion) – not for me, but for the establishment of the EU-D-S, a decentralised, democratic digital ecosystem for 100 million EU citizens.

Why this case concerns Europe

My story is not an isolated case, but an attack on the foundations of the EU:

1. Digital sovereignty: Europe loses billions every day

  • Companies in which I had a stake (GraTeach, getTIME.net) could have generated an estimated €20 billion in revenue with semantic search technology and WAN anonymity (for secure communication without total surveillance) – instead, they were driven into insolvency by authorities, arbitrary justice, copyright infringements (e.g. by the Regionalverband Ruhr) and sabotage (e.g. by the Regionalverband Ruhr).
  • Europe remains dependent on US tech companies because innovative alternatives such as the EU-D-S are actively blocked.
  • Evidence:

2. Judicial failure: A system that punishes innovators

  • Six constitutional complaints ignored (e.g. 2 BvR 907/24, 2 BvR 1668/25).
  • Lawyers intimidated or disbarred (documentation in appendix).
  • Prosecutors fail to investigate or exceed their powers!

ECHR information sheet: ‘In exceptional cases, the Court may extend time limits if there are serious systemic violations’ (Art. 37 ECHR).

3. The €3 billion is not a claim – it is an investment in Europe

The money is to be managed by a consortium of at least 40 founders to build the EU-D-S:

  • Secure infrastructure for citizens, businesses and public authorities.
  • Alternative to Google, Meta & Co. – with European data protection standards.
  • 100 million EU citizens could contribute high-quality content and benefit.

→ Every Member State would benefit economically and strategically!

What must happen by 23 January 2026

1. The new complaint: precise, irrefutable, European

I need help with the revised version:

  • Complete explanation of the system (‘gang-like appearance’ since 2001, appendix).
  • Binding commitments from the first EU-D-S founders to use the funds exclusively for setting up the system.
  • Declarations of support from MEPs, NGOs and companies (see below).

2. Europe-wide solidarity: How you can help

For governments & MPs:

  • Submit friend-of-the-court briefs emphasising the European dimension of the case.
  • Issue public statements explaining why your country would benefit from a fair trial.

For media & civil society:

  • Report on the case – especially in countries with similar experiences (e.g. France, the Netherlands, Austria).
  • Ask your digital ministers: ‘Why is the UK blocking European innovation while demanding “sovereignty” at EU summits?’ (EU summit 18 November 2025).
  • Share this appeal with #EUDS2026 and #JusticeForInnovators.

For lawyers & NGOs:

  • Consider filing a state complaint (Art. 33 ECHR) against Germany if your citizens have had similar experiences.
  • Support the call for a European legal framework for digital pioneers (as outlined in my petition).

For companies & investors:

  • Declare your willingness to support the EU-D-S consortium (e.g. by writing to the ECtHR).
  • Call on your governments to support the case – you could be the next to be affected by arbitrariness!

3. Countdown: This is how the process works

Date Action
By 15 January 2026 Collection of declarations of support (governments, NGOs, companies).
20 January 2026 Final version of the complaint is published (with all signatures).
23 January 2026 Submission to the ECtHR (by registered mail, as required).
March 2026 ECHR decides on admissibility – publicity campaign begins.

The alternatives: success or defeat for Europe

If the complaint is successful If it fails
€3 billion for EU innovation Germany gets away with it unpunished
Precedent for the rule of law Innovators remain without rights
EU-D-S becomes reality Europe remains dependent on US tech
More investment in EU technologies Gatekeepers retain power over our data

Appeal: Europe, stand up!

This case is your chance to prove that the EU

‘Either we use this deadline to build a sovereign Europe – or we accept that our digital future will be determined by others.’

Act now!

  1. Call for the petition to be admitted: EU Parliament 1134/2025
  2. Share this appeal with #EUDS2026 and #JusticeForInnovators.
  3. Contact me to submit declarations of support: Email | LinkedIn

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