The manufacturer initially asked the scientist to issue a cease-and-desist declaration. When the scientist refused, the manufacturer sought an injunction in summary proceedings before the VG Schleswig.
The Kiel University of Applied Sciences was already successfully represented in these proceedings, with the result that the VG Schleswig rejected the application for a temporary injunction in April 2024. The court classified the statement on which the warning was based as a true factual allegation, emphasized the academic freedom of the university lecturer and denied the existence of a risk of repetition. The OVG Schleswig now followed this in its decision of 02.10.2024. It denied - as argued by the legal representatives Dr. Fiete Kalscheuer and Dr. Nicolas Harding - both the existence of a reason for an injunction and a claim for an injunction.
BROCK MÜLLER ZIEGENBEIN is one of the few law firms in Germany to specialize in advising and (judicial) representation in public law matters. The special legal issues of public-law commentary law always arise when it is not private individuals but public authorities who are the authors of a disputed comment. Clients in the area of public law are mainly handled by Dr. Fiete Kalscheuer and Dr. Nicolas Harding.