On 12 November 2014, the German Federal High Court (“BGH”) ruled that a used-car sales contract concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial offer of EUR 1 remained the highest bid (BGH VIII ZR 41/14). As the defendant (the seller) subsequently sold the car elsewhere, the BGH granted the plaintiff (the buyer) damages amounting to the lost profit (the value of the car minus the bid of EUR 1). In another decision dated 10 December 2014, the BGH confirmed the aforementioned decision and granted the plaintiff damages after the defendant selling a power generator had ended the eBay listing early and had sold the generator elsewhere (VIII ZR 90/14).
Contractual claim for cease and desist also comprises the deletion of content from Google’s hit list
In its decision dated 29 January 2015 (13 U 58/14 ) the Higher Regional Court Celle held that a party that signs a cease and desist declaration with regard to certain content of its website, must also ensure through appropriate measures that the content covered by the cease and desist declaration cannot be accessed on the internet. This includes the check of Google’s hit list as Germany’s most popular search engine. If the content is still accessible via Google, the website operator must apply for the deletion of the content from the Google cash and/or the removal of the content that was to be deleted from the website.