OLG Köln; 2021-03-11; 15 W 4/21
Decision by national courts in the field of European Union law — ECLI:DE:OLGK:2021:0311.15W4.21.00
Date: 2021-03-11
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82021DE0311(51)_ENG_SUMJURE
JURE summary
JURE summary
The applicant (hereinafter ‘the plaintiff’) applied for the issuance of a preliminary injunction forbidding the deletion of various data by its clients (hereinafter ‘the defendants’) who made negative comments about its products on an online selling platform.
The Landgericht Köln, as the court seised, (hereinafter ‘the Court of First Instance’) issued the requested preliminary injunction forbidding the defendants from deleting the specified data until the proceedings have been closed. The preconditions for the issuance of the injunction had been proved sufficiently. With regard to the imminent danger of losing the data, an urgent need for immediate action under Article 49(1) of the FamFG (1) existed.
The appeal lodged by the defendant with the Oberlandesgericht Köln (hereinafter ‘the Court of Appeal’) was found admissible but was not successful.
The Court of Appeal agreed with the opinion of the Court of First Instance.
Should the German courts lack the international jurisdiction for the trial proceedings because the local jurisdiction was held by the court of Luxembourg, the need for a preliminary injunction was not prevented by the fact that the recognition and enforcement of such court decision under Article 35 of the Brussels I Regulation (recast) (2) and recital no. 3 could constitute a problem due to Article 2(a)(2) of the Brussels I Regulation (recast), as in practice, a decision brings at least a certain degree of satisfaction and certainty as a judicial direction, a fact which must be sufficient for the assumption of the need for legal protection.
The Court of Appeal dismissed the appeal of the defendant against the decision of the Court of First Instance.
(1) Gesetz vom 17. Dezember 2008, über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction from 17 December 2008).
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.