Please note: The TMG has been replaced by the DDG. Please note: The TMG has been replaced by the DDG, but the decision likely remains relevant. An overview can be found here.
Below we have compiled a list of selected judgements on the mandatory information or minimum information in the legal notice:
OLG Frankfurt/M.,judgement of 2.2021 - 6 U 150/19 (LG Gießen); legally binding
About insufficient information in the imprint
BGH, judgement from 16.3.2021 - X ZR 9/20
Different place of business in the legal notice of a website
Hanseatic Higher Regional Court, 3 April 2007, Ref.: 3 W 64/07 On the characteristic "telemedia offered against payment" Berlin Court of Appeal, 13 February 2007, Ref.: 5 W 34/07 Missing first name in the imprint constitutes a significant competition offence. Federal Court of Justice, 26 April 2007, Ref.: I ZR 190/04 On the need to offer end users a telephone number on the website Berlin Regional Court, 27 April 2007, Ref.: 16 O 205/07 Decision on a multiple incorrect cancellation policy. Berlin Court of Appeal, 11 May 2007, Ref.: 5 W 116/07 On the question of whether the indication of a provider identification on a website that is accessible from the offer page via a link "me" fulfils the requirements of §§ 5 TMG, § 55 RStV, 312c para. 1 sentence 1 BGB. Hamburg Higher Regional Court, 05.07.2007, Ref.: 5 W 77/07 On the question of whether a fax number must be stated in the cancellation policy and the legal notice. Essen Regional Court, 19 September 2007, Ref.: 44 O 79/07 On the question of whether the provision of a contact form in the legal notice of a website fulfils the requirements of Section 5 (1) No. 2 TMG. Frankfurt Higher Regional Court, 06 November 2007, Ref.: 6 W 203/06 On the question of whether the insertion of the required consumer information by means of an external graphic file fulfils the legal requirements. Düsseldorf Higher Regional Court, 18.12.2007, Case No.: I-20 U 17/07 Judgement on an imprint in which the legal representative, the commercial register entry and the VAT identification number were not entered. Berlin Regional Court, 04.01.2008, Ref.: 16 O 894/07 On the question of whether a link to an external graphic file fulfils the information obligations under distance selling law. Higher Regional Court Frankfurt a.M., 12 February 2008, Ref.: 11 U 28/07 The person who designates himself as responsible in the imprint of a website is liable as a disturber for copyright infringements. Leipzig Regional Court, 3 March 2008, Ref.: 04 HK 0 597/08 On the question of whether it is mandatory to state the telephone number in the legal notice. Hamm Higher Regional Court, 13 March 2008, Ref.: I-4 U 192/07 On the question of whether errors in the imprint are a minor offence. Berlin Higher Regional Court, 11.04.2008, Case No.: 5 W 41/08 On the question of whether the abbreviation of the first name of the representative of a legal entity in the legal notice, which is contrary to the regulations, is to be assessed as a minor offence under competition law. European Court of Justice, 16 October 2008, Ref.: C-298/07 On the information obligations of a service provider on the Internet, in particular on the necessity of stating the telephone number in the legal notice. Higher Regional Court Frankfurt a.M., 23 October 2008, Ref.: 6 U 139/08 On the obligation of an operator of an internet portal for classified ads to inform the users of this portal of the imprint obligation. Düsseldorf Higher Regional Court, 04 November 2008, Ref.: I-20 U 125/08 On the question of whether the incomplete indication of the name of a managing director in an imprint constitutes a significant violation of Section 5 (1) No. 1 TMG. Hamm Higher Regional Court, 02.04.2009, Ref.: 4 U 213/08 On the question of whether the absence of the commercial register, the commercial register number or the VAT identification number constitutes a significant infringement of competition law. You can create a personalized and free imprint using our imprint generator. Hamm Higher Regional Court, 28 April 2009, Ref.: 4 U 9/09 Abusive injunctive relief on the Internet Regional Court Frankfurt a.M., 13 May 2009, Ref.: 2-06 O 61/09 On the question of whether the operator of an online portal for free classified ads must force commercial advertisers to provide a legal notice. Federal Court of Justice, 10 June 2009, Ref.: I ZR 37/07 On the question of whether stating the wrong supervisory authority in the legal notice constitutes an infringement of competition law. Hamm Higher Regional Court, 4 August 2009, Ref.: 4 U 11/09 On the question of whether the addition of an imprint on a subpage of the website is sufficient if the imprint itself is incomplete. Hamburg Regional Court, 14 August 2009, Ref.: 406 O 235/08 On the question of whether the general partner GmbH must be named in the imprint of a GmbH & Co. KG, the general partner GmbH must be named. Higher Regional Court of Brandenburg, 17 September 2009, Ref.: 6 W 141/09 On the question of whether the general partner GmbH must be named in the imprint of a GmbH & Co. KG, the general partner GmbH must be named. Higher Regional Court of Brandenburg, 17 September 2009, Ref.: 6 W 128/09 Judgement relating to an abusive serial warning. Munich Higher Regional Court, 1 October 2009, Ref.: 29 U 2298/09 On the question of whether the lack of a reference to a commercial register and registration number in the imprint of a limited company can be cautioned. Regional Court Leipzig, 15 December 2009, Ref.: 01 HK O 3939/09 On the question of whether the mandatory information in the web imprint must also be up-to-date. Stendal Regional Court, 24 February 2010, Ref.: 21 O 242/09 On the question of whether the indication of e-mail links in the Internet imprint fulfils the legal requirements. Nuremberg-Fürth Regional Court, 25 March 2010, Ref.: 3 HK O 9663/09 On the question of whether the legal notice of a lawyer's website must contain a direct link to the professional regulations. Hamburg Regional Court, 14 April 2010, Ref.: 315 O 375/09 On the question of whether the link to the imprint of a website is also easily recognisable to a sufficient extent within the meaning of Section 5 TMG if the term "Imprint" is chosen and it is displayed in small, grey lettering on a black background. Regional Court Munich I, 04 May 2010, Ref.: 33 O 14269/09 Judgement on the non-disclosure of the VAT identification number in the legal notice. Hamburg Regional Court, 19 August 2010, Ref.: 327 O 332/10 On the question of the existence of a competition offence in the absence of the representative, the commercial register and the commercial register number in the imprint. You can create a personalized and free imprint using our imprint generator. Munich Higher Regional Court, 30 September 2010, Ref.: 6 U 3422/10 On the question of whether the general partner of a Ltd. & Co. KG must be stated in the legal notice. Düsseldorf Regional Court, 15 December 2010, Ref.: 12 O 312/10 On the question of whether a maintenance page that does not advertise specific services or provide visitors with information on the operator's field of activity requires an imprint. Higher Regional Court Frankfurt, 11.05.2011, Ref.: 1 U 28/10 On the question of whether the note "I look forward to emails" is a sufficient reference to the "electronic mail address" in accordance with Section 5 TMG. Dortmund Regional Court, 8 August 2011, Ref.: 10 O 111/11 Decision on the obligation of a law firm to disclose the details of its financial loss liability insurance, in particular its name and address, in the legal notice of its website. Regional Court Aschaffenburg, 19 August 2011, Ref.: 2 HK O 54/11 On the imprint obligation for a Facebook profile of an information portal used for business purposes. Ingolstadt Regional Court, 06/02/2012, Ref.: 1 HK O 105/12 On the question of the anti-competitive nature of a missing register entry in the imprint. Regional Court of Aschaffenburg, 3 April 2012, Ref.: 2 HK O 14/12 On the question of when a website that is under construction is "business-like" and therefore subject to an imprint. Berlin Higher Regional Court, 21.09.2012, Case No.: 5 W 204/12 Failure to state the authorised representative in the legal notice is not anti-competitive. Bamberg Regional Court, 23 November 2012, Ref.: 1 HK 29/12 Infringement of competition law for failure to provide a short-term contact option in the legal notice. Düsseldorf Regional Court, 12 December 2012, Ref.: 12 O 528/12 Infringement of competition law due to failure to state the authorised representative and failure to state the entry in the commercial register Regional Court Regensburg, 31.01.2013 , Ref.: 1 HK O 1884/12 Anti-competitive behaviour due to missing Facebook imprint. Cologne Bar Court, 06.03.2013, Ref.: 10 EV 8/13 If a lawyer maintains a website, it must have an imprint within the meaning of Section 5 TMG. Berlin Court of Appeal, May 7, 2013, Case No.: 5 U 32/12 The obligation under Section 5 (1) No. 2 TMG to provide the "electronic mail address" refers to the e-mail address. Higher Regional Court Düsseldorf, 18.06.2013, Case No. I-20 U 145/12 Platform operators must give online retailers the opportunity to provide a proper legal notice. Düsseldorf Regional Court, 8 August 2013, Ref.: 14c O 92/13 U On the question of whether estate agents must state the licensing authority in the legal notice. Higher Regional Court of Düsseldorf, 13.08.2013, Ref.: I-20 U 75/13 Imprint on Facebook under "Info" is not enough. Regional Court Frankfurt am Main, 2 October 2013, Ref.: 2-03 O 445/12 The indication of the chargeable telephone number violates § 5 paragraph 1 no. 2 TMG. District Court of Munich I, June 3, 2014, Case No.: 33 O 4149/14 Missing imprint in the XING profile constitutes a competition offence. District Court of Stuttgart, June 27, 2014, Case No.: 11 O 51/14 The requirements that a Xing imprint must fulfil. Regional Court Leipzig, 12 June 2014, Ref.: 05 O 848/13 Locally incompetent supervisory authority in the provider identification Berlin Regional Court, 28 August 2014, Ref.: 52 O 135/13 The provision of an e-mail address that does not allow individual communication with an employee of the service provider does not constitute "information that enables rapid electronic contact and direct communication". Higher Regional Court of Frankfurt am Main, 02.10.2014, Case No.: 6 U 219/13 Value-added service number in the imprint does not fulfil the legal requirement of the imprint according to § 5 TMG. Essen Regional Court, 13 November 2014, 4 O 97/14 Provider labelling of a website that went online by mistakeBelow you will find a presentation with selected sample provider labelling:
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Note: The content of this article has been prepared to the best of our knowledge and understanding. However, the complexity and constant evolution of the subject matter make it necessary to exclude liability and warranty. This cannot replace legal advice. The use of the templates provided here is at your own risk.
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