Lugano Convention II

German Federal Court: We have international jurisdiction to an action for an injunction on the grounds of violation of personal rights.

BGH, URTEIL vom 25.10.2016, VI ZR 678/15

The case concerns the applicant – the wife of the retired racing driver Michael Schumacher, who is a German citizen residing in Switzerland. The defendant is a Swiss broadcasting company. The applicant claimed for injunction on the of the defendant’s internet photographic report of the consequences of Michael Schumacher’s skiing accident for the territory of the Federal Republic of Germany and the approach of the media on this topic. The question arises whether German courts have international jurisdiction to an action for an injunction on the grounds of violation of personal rights against the reporting on the website of a foreign broadcasting company limited to the territory of the Federal Republic of Germany.

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