Internetversteigerung II, I ZR 35/04

Bundesgerichtshof [Federal Court of Justice of Germany], First Civil Section
Document type
Court Decision
The Court confirmed that an injunction against a disturber is available when no third party infringement was committed, but is feared. The Court recalled that injunctions should not lead to “any unreasonable duties to review” and should not “challenge the entire business model” of the platform operator. It opined that an implementation of filtering software to flag objectively suspicious offers (e.g. due to low price for a certain keyword), then subsequently reviewed flagged transactions manually by employees, is a reasonable measure to make.
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)