How do I sue Google

Lawsuit against Google in Germany due to incorrect ratings or other illegal content possible?

By lawyer Katrin Freihof
Advice - media law More on the topic: media law, evaluation, injunctive relief, entry, remove, evaluation portal

Does it make sense to sue foreign companies in Germany for false or negative evaluations?

In our consulting practice, we constantly hear the question of whether foreign companies can also be sued in Germany. In addition, most clients find it daunting and unpromising at first.

The defendant, in this case Google Inc., is based abroad, namely in the USA. Among other things, Google operates the service “Google & plus; Local "or" Google MyBusiness ", via which registered users can publish information, reviews and experience reports about companies, doctors or other service providers.

This stored information can, if it is a matter of false assertions of fact, trigger a claim for deletion against Google. As a rule, the person being assessed does not know the identity of the person who is evaluating the person, the case law has denied any right to information. First, you should approach Google Inc. out of court and ask for deletion within a short period of time. In the cover letter to Google, however, the claims should be clearly justified. In particular, it should be presented in detail, possibly with evidence, why the factual assertion turns out to be false.

As a rule, Google will then send this request for deletion to the reviewer by email with a request for a comment. If there is no response within the deadline set by Google, Google will automatically delete the rating.

However, should the reviewer report and also present facts that justify his evaluation in his opinion, Google then decides at its own discretion whether the information is deleted.

If there is no deletion, only one lawsuit against Google as the so-called interferer remains.

In principle, it is possible to sue a foreign company in Germany. The prerequisite is that the violation of the law has an effect in Germany & lpar; effect principle & rpar ;. This is the case if the evaluation can be called up in Germany as intended, which is not a problem for evaluations of German companies.

For the delivery of the lawsuit in the USA, delivery costs as well as translation costs are incurred, which are claimed by the court. You can also hire your own translation agency to translate the application, which is often cheaper.

As a rule, a German law firm, which represents Google Inc. in the lawsuit, will respond to the delivery of the lawsuit in the USA. After that, the submissions are only served from lawyer to lawyer, without the need for translation.

The judgment is then also served on the German law firm, which ensures that the judgment is implemented.

In many cases, the costs are borne by the legal expenses insurance.

Talk to us or send us an email for more information.