LG Köln; 2015-06-10; 28 O 322/14
Decision by national courts in the field of European Union law — ECLI:DE:LGK:2015:0610.28O322.14.00
Date: 2015-06-10
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Germany

82015DE0610(51)_ENG_SUMJURE
JURE summary
JURE summary
A woman of German nationality residing in Switzerland (hereinafter ‘the plaintiff’) sought an injunction against the publication of portraits by a Swiss broadcasting company (hereinafter ‘the defendant’).
The defendant unlawfully published, on the website www.anonym.ch, the portraits, photographs, and a video of the plaintiff's visit to the hospital in Grenoble where her husband was treated after a skiing accident.
The Landgericht Cologne (hereinafter ‘the Court of First Instance’) had jurisdiction under Article 5(3) of the new Lugano Convention (1) and § 32 of the ZPO (2). Due to the high level of awareness of her husband, there is a high probability that the German public, and thus also persons within the district of the court seised, will be aware of the publications that are the subject to the claim.
The defendant takes the view that the Court of First Instance has no international and local jurisdiction. The plaintiff was a resident in Switzerland, where the violation of her personal rights could have occurred, and therefore the Swiss courts had jurisdiction in this dispute.
The claim is admissible, and the Court of First Instance has international and local jurisdiction.
As German citizens, the plaintiff and her husband are subject to the overriding public interest, particularly in their country of origin. Public perception of the defendant's coverage is present in Germany, which is available in German. The fact that the plaintiff is not a resident in Germany is not relevant. A violation of individual rights can also occur in a place other than the place of residence.
The Court of First Instance ordered the defendant to pay an administrative fine of up to EUR 10,000 for each case of publication of the portraits, photographs, and the video in Germany and on the portal www.anonym.ch, or alternatively imprisonment for up to six months.
(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Zivilprozessordnung (Code of Civil Procedure).