Bundesgerichtshof [Federal Court of Justice of Germany], First Civil Section, Internetversteigerung I, I ZR 304/01, March 11, 2004

Auction portals like eBay are neither direct infringer nor aider and abettor and hence generally does not bear tortious liability for infringing offers of its users. Obligation to remove offers can based only on the disturbance liability and arises when the objected offer was brought to its attention and is “clearly infringing”. This obligation also requires that auction platform takes proactive steps to prevent infringement of that kind from occurring again.