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Flying jurisdiction for Youtube not at the end?

The Düsseldorf Regional Court has ruled in a preliminary injunction proceeding that the UWG amendment of December 2020 did not completely abolish the so-called “flying” jurisdiction after all.

The case in question involved an advertising video on YouTube regarding the scope of services of a home server.

Since YouTube can also be accessed in Düsseldorf and the defendant would also address persons in Düsseldorf, the Regional Court of Düsseldorf has local jurisdiction. § 14 para. 2 p. 3 no. 1 UWG excluded. The place of jurisdiction of the place of commission given according to Section 32 of the Code of Civil Procedure was not pursuant to Section 14 para. 2 p. 3 no. 1 UWG excluded. The exceptional circumstance of § 14 para. Contrary to its (in this respect misleading) wording, Sec. 2 Sentence 3 No. 1 UWG does not cover all unfair conduct in electronic commerce or in telemedia, but is limited in its meaning and purpose to those infringements in which the asserted legal infringement is factually linked to conduct in electronic commerce or in telemedia.

The Court of First Instance also gave examples of the interpretation of the law adopted by the Court of First Instance:

Publishing promotional videos on YouTube would also not be directly related to e-commerce. In the present case, the proceedings regarding the publication of the videos would be based on a violation of the prohibition of misleading statements (Sections 5, 5a UWG) and would thus affect provisions that are linked to the overall impression created by the commercial act and not to its distribution channel. This is shown by a control consideration with regard to the question of whether the present infringement would also exist if the advertising measures at issue had not been published on the Internet, but in advertisements, catalogs or on television.

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

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