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Internet connection blocked? Interim injunction permissible!

This post is also available in: Deutsch

At the end of last year, the Hamburg Regional Court ruled that an injunction may be justified under certain circumstances against an unauthorized blocking of one’s own Internet connection by a telephone and Internet service provider.

However, relevant reasons must be presented for this, e.g., that without the use of Internet and telephone, a company would be threatened with considerable economic disadvantages.

In addition, there must of course also be an unjustified termination, for example without notice, without special cause. There must also be the necessary urgency. The court circumvented the inevitable anticipation of the main issue, which actually renders a preliminary injunction inadmissible.

It is irrelevant in the present case that the main issue may be anticipated. A performance order is admissible in particular in the event of an emergency/emergency situation or threat to existence and in cases in which the action owed is to be performed at such short notice that it is not possible to obtain a title in the ordinary proceedings.

However, the judges then also set a limit:

In doing so, the Board assumed that, in the course of these summary proceedings, a time limit until the expiry of the respective ordinary notice period would appear to be appropriate.

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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