{"id":67748,"date":"2019-05-31T06:34:43","date_gmt":"2019-05-31T04:34:43","guid":{"rendered":"https:\/\/www.lhr-law.de\/?p=67748"},"modified":"2024-10-21T12:45:38","modified_gmt":"2024-10-21T10:45:38","slug":"absence-of-one-page-of-an-injunction-order-renders-execution-ineffective-2","status":"publish","type":"post","link":"https:\/\/www.lhr-law.de\/en\/magazine-en\/competition-law-antitrust-law\/absence-of-one-page-of-an-injunction-order-renders-execution-ineffective-2\/","title":{"rendered":"Absence of one page of an injunction order renders execution ineffective"},"content":{"rendered":"
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@ Petair – Fotolia.com<\/figcaption><\/figure>\n

The Berlin Court of Appeal has announced that it will review a decision by the Berlin Regional Court (LG Berlin, Urteil v. 7.8.2018, Az. 103 O 25\/18<\/a>, nicht rechtskr\u00e4ftig) which had dismissed an application for a preliminary injunction (KG Berlin, Hinweisbeschluss v. 3.5.2019, Az. 5 U 118\/18<\/a>, available as PDF here<\/a>). <\/i><\/p>\n

The decisions are very interesting. However, not with regard to substantive legal issues, but to the procedural peculiarities of the preliminary injunction proceedings – in this case the enforcement requirement, which the applicant failed to meet due to an error by the bailiff. <\/i><\/p>\n

In addition, the decision of the Court of Appeal deals with the question of what function the postal service certificate has for the proof of the object of service and to what extent the defendant, who claims the lack of execution, may have a secondary burden of proof.<\/i><\/p>\n

Asserting claims for injunctive relief is not easy<\/h2>\n

The assertion of claims for injunctive relief, as described in the Trademark law<\/a>, Competition law<\/a>, Copyright<\/a> and Personal rights<\/a>\u00a0are mainly the subject of disputes is difficult.<\/p>\n

In the following four articles, we have already highlighted some of the problems in actual cases from our practice:<\/p>\n