LHR obtains preliminary injunction before the Munich Higher Regional Court against real estate magazine for false reporting on issuing house

The Munich Higher Regional Court (OLG München, Beschluss v. 30.11.2015, Az. 18 W 2256/15) issued a one-part injunction against a real estate magazine at the request of Lampmann, Haberkamm & Rosenbaum Rechtsanwälte (LHR).

This prohibits the publication from making the inaccurate claim about a fund company that the public prosecutor’s office is investigating its managers for investment fraud and that, in the opinion of “industry insiders”, the investment’s prospects of success are also questionable due to high vacancy rates.

In the event of non-compliance, a fine of up to € 250,000 or up to six months’ imprisonment may be imposed.

The decision has been issued by way of a ruling. A final decision remains reserved for proceedings on the merits. Unless the real estate magazine would recognize the order as a final ruling.

The Munich Higher Regional Court thus corrected the first-instance decision of the Munich I Regional Court and agreed with our client that the false allegations interfered with the entrepreneur’s right of personality or their established and exercised business operations and must therefore be refrained from.

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

Lawyer Arno Lampmann from the law firm LHR:

“In view of the clear factual and legal situation, it is incomprehensible why the Munich I Regional Court did not issue the ban we requested without delay. In the name of consumer protection, there is of course no objection to factually justified criticism, particularly in the sensitive area of investment, even if negative reporting can have serious consequences for companies. However, it is precisely for this reason that inadequate research and untrue claims must be stopped at all costs.”