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Germany BGB §§ 823 and 1004: injunction and removal claims

In Germany the most common civil remedy against smear content is an injunction and removal claim under §§ 823 and 1004 BGB; hosts must act once notified.

Basis

The general right of personality, derived from the constitution, is protected as an "other right" under § 823(1); § 1004 applied by analogy gives claims for removal and injunction against repetition.

Hosts

Operators who did not write the content must examine it and, if necessary, remove it once given a specific notice; the Federal Court of Justice requires blog hosts to forward complaints to the author and decide on the response.

Damages

Serious violations can also justify monetary compensation for non-material harm.

Practice

Claims are usually made by a lawyer's warning letter (Abmahnung) and preliminary injunction; we work with partner law firms.

General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.

Frequently asked questions

Can Google be targeted under § 1004?

For search engines, GDPR erasure and Google's own forms are usually used.

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