Case number and/or case name
LG Berlin, 25.8.2011 - 16 O 418/11
Summary
The defendant, a Dutch company, runs a website for hotel evaluations by customers. Besides the customers’ appreciating evaluations, the hotels may improve their rating by paying a higher commission to the defendant. The claimant claims for injunctive relief as the respondents’ conduct bears the risk of misleading of customers.
The Court applied German law (Unfair Competition Act) as, according to Art. 6 (1) Rome-II-Regulation, German law is the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected