In a Judgment dated 1 March 2016, case no. VI ZR 34/15, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) specified the scope of monitoring duties of an online rating portal for medical professionals in relation to reviews posted by the users of the portal. If the portal is in breach of its monitoring duties, a medical professional who has been reviewed by a user of the online rating portal is entitled to file an injunction against the portal.
The reasoning of the judgment has not yet been published. However, in a press release of 1 March 2016 the FSC gave some guidance on the requirements under which the provider of an online rating portal might be exposed to injunctive relief by the person reviewed.
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