According to the info in the court decision this track (https://www.openstreetmap.org/way/889476807) is located on private property and has the (local) name 'losweg'.
According to recent street level imagery (https://www.mapillary.com/app/?pKey=187942884101622) this way is accessible for general public; in other words there is no sign indicating private access

General remark: you can find more info on this link why paths and tracks on private property are also mapped
https://wiki.openstreetmap.org/wiki/Why_we_won%27t_delete_roads_on_private_property

