LHR obtains ban before the Düsseldorf Regional Court: Well-known weekly magazine may no longer publish "suspected fraud"

28.02.2017 From Arno Lampmann

Verdachtsberichterstattung Betrugsverdacht — © megakunstfoto – Fotolia.com

At the request of Lampmann, Haberkamm & Rosenbaum Rechtsanwälte (LHR), the Regional Court of Düsseldorf (LG Düsseldorf, Beschluss v. 20.2.2017, Az. 12 O 11/17, nicht rechtskräftig) has prohibited a well-known magazine from disseminating a suspected fraud.

This prohibits the publication from making inaccurate claims about a company that those responsible have defrauded a well-known television personality or embezzled funds.

In the event of non-compliance, a fine of up to € 250,000 or up to six months’ imprisonment may be imposed. The publisher may contest the order by filing an objection or continue the dispute on the merits.

The Düsseldorf Regional Court agreed with our client that the unfounded allegations of fraud interfered with our client’s right to privacy and its established and practiced business operations and therefore had to be refrained from.

In addition to the claim for injunctive relief, there are also claims for damages, which the affected parties will assert in separate proceedings.

Lawyer Arno Lampmann from the law firm LHR:

“The publication in question is not known for its serious journalism. That alone is not objectionable. Gossip is simply part of a complete media landscape. However, the case shows that the “fun” stops when the line is crossed into slander and defamation.”