Julia Kalkan

In its judgement of 30 March 2023, the Higher Regional Court of Hamm ruled that there is a violation of the general (corporate) right of personality if a company uses images for advertising purposes on which an aircraft is depicted whose owner is clearly identifiable due to the recognisable aircraft registration number (possibly in conjunction with the colouring). In the event that the photographs are used without the corresponding consent of the company concerned, the company's right to decide for itself whether and under which conditions the name of the company is made available to others for advertising purposes is violated (OLG Hamm, judgement of 30.3.2023, ref.: 4 U 130/21)

BGH: Search engine operators must delete questionable articles from the results lists if those affected can prove false information.

In its judgement, the Higher Regional Court of Schleswig ruled that the operator of an online shop must ensure that a clickable link to the so-called ODR platform, the internet platform for online dispute resolution, is set up and that its functionality is monitored. The court considered a one-month monitoring cycle to be sufficient. If the functionality is not checked at least once a month, there is a culpable violation of the cease-and-desist declaration.

The ECJ has ruled that ticket retailers do not have to grant a right of withdrawal.

The Arnsberg Regional Court (Case No. I-3 S 103/20) ruled at the hearing on 8 December 2021 that the underage plaintiffs were not entitled to monetary compensation because photos from a joint holiday were available in a public folder on Facebook for many years.