• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Competition law

Chamber Court on obligations to injuntture in the case of acts of third parties

4. November 2019
in Competition law
Reading Time: 2 mins read
0 0
A A
0
Ansgar Koreng / CC BY-SA 3.0

Ansgar Koreng / CC BY-SA 3.0

The question of what exactly someone who has been convicted of an omission by a court must do repeatedly leads to legal problems in the context of enforcement disputes. The Chamber Court in Berlin recently clarified what a company must do to prevent a re-publication of an online ad from being prevented.

According to that order, the debtor of a court prohibition order is regularly required to influence his employees accordingly by means of instructions and orders in the particular individual case and to closely monitor compliance. It is not enough simply to inform employees of the content of a title and to ask them to behave appropriately.

This obligation may be particularly relevant in larger companies where different departments may be active. The same applies to contractors undertakings whose actions benefit the debtor economically.

In this respect, it is not sufficient for compliance with the obligation to cease and desist that the debtor simply informs the distribution company commissioned by it of the cease and desist order.

The judgment is thus in line with the decision of the Regional Court of Frankfurt on the actions of commercial agents (see this decision) and the decision of the Regional Court of Frankenthal on liability for the actions of advertising partners (see this article). This judgment must be distinguished from the recent judgment of the Frankfurt Higher Regional Court on liability for the actions of third parties(see this article), because in this case the liable company did not have its own duty of care, which in the decision of the Court of Appeal arose precisely from the injunction.

Therefore, one should be very careful in the case of injunction obligations, even if they are not yet legally binding but provisionally enforceable. In the present case, it cost the debtor EUR 15,000 in fines.

Tags: Court of AppealDebtorFrankfurtHaftung

Weitere spannende Blogposts

Activity as a registered trader: The liability traps

Activity as a registered trader: The liability traps
7. November 2022

Here on the blog I have already presented numerous legal forms and the corresponding risks, but also advantages. However, there...

Read moreDetails

BGH: Women also gamble on first-person shooters

BGH: Women also gamble on first-person shooters
12. March 2019

In a file-sharing case, the Federal Court of Justice has ruled that a woman is eligible as the perpetrator of...

Read moreDetails

Commercial use of Discord: A legal guide

What about liability with a Discord server?
18. October 2023

Introduction Discord has become a popular platform for gamers, communities, and most recently professional teams since its inception in 2015....

Read moreDetails

Match Fixing in Esport: Legal Consequences?

Match Fixing in Esport: Legal Consequences?
12. September 2019

Time and again in esport, accusations arise in individual teams about match fixing, i.e. the deliberate loss of games in...

Read moreDetails

Chamber court: “Best price” is misleading

Chamber court: “Best price” is misleading
5. September 2019

The Chamber Court in Berlin has ruled that phrases such as "sell at the best price", "sell at the best...

Read moreDetails

What about liability with a Discord server?

What about liability with a Discord server?
26. December 2022

For many people, Discord is an indispensable tool for communicating and sharing content online. But who is responsible for the...

Read moreDetails

Judgment on surreptitious advertising by the LG Trier

Brief reminder: Influencer as target of warning letters
13. August 2024

Case law on the obligation to label advertising is constantly evolving. A recent ruling by the Regional Court of Trier...

Read moreDetails

OLG Frankfurt: No liability for actions of third parties

OLG Frankfurt: No liability for actions of third parties
23. July 2019

In a recent decision, the Higher Regional Court of Frankfurt ruled that an undertaking is not liable for anti-competitive acts...

Read moreDetails

OLG Frankfurt rules on influencer labelling requirement for sponsored travel

Legal form as an influencer? A few hints!
24. October 2019

Summary With today's decision, the Higher Regional Court of Frankfurt am Main has prohibited an influencer and YouTuber from presenting...

Read moreDetails
Software development contract

Software development contract

27. June 2023

Introduction A software development contract is a legal agreement between a client and a software developer (or software development company)...

Read moreDetails
61a01a367632ed8b3400a0df83432980

Guarantee

10. November 2024
Social media accounts and imprint

Imprint obligation

11. April 2025
Age verification systems (AVS)

Age verification systems (AVS)

16. October 2024
District Court Frankfurt a.M. on the right to be forgotten

Processing directory

26. June 2023

Podcast Folgen

43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024

This episode of the ITmedialaw.com podcast is all about the importance of legal advice for startups. Host Marian Härtel talks...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024

In this personal and engaging episode, the experienced IT and media lawyer delves deep into the gray area of his...

9e9bbb286e0d24cb5ca04eccc9b0c902

Legal challenges of innovative business models

1. October 2024

In this captivating podcast episode, I dive deep into the world of legal challenges associated with innovative business models as...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung