Commentary on the judgment of the Higher Regional Court of Frankfurt am Main of 17 July 2025 – 16 U 80/24
In its judgment, the Higher Regional Court of Frankfurt am Main deals with a public dispute between two well-known influencers and the associated claims for injunctions under freedom of expression and competition law. At the heart of the proceedings is the question of whether disparaging public statements between influencers – in this case, streamers – can give rise not only to claims under personality rights but also to claims under competition law, and where, in the circumstances of the case, the line should be drawn between permissible expression of opinion and impermissible disparagement.