Higher Regional Court of Stuttgart: No ads on illegal sites

WebGuard organized an exemplary legal proceeding about ads on illegal websites. In this case WebGuard focused on sites violating the German youth protection act.
The Higher Regional court of Stuttgart decided that a company has to stop advertising on illegal sites once they are informed.

  • If they don’t stop placing legal ads on illegal sites they would be seen as supporting an illegal business model which would be a vicarious liability.
  • Once they know that their ads are being placed on illegal sites they have to avoid placing ads on this or similar sites.
  • The company is also liable if an agency places the ad.

[OLG Stuttgart, verdict of 14.03.2013, Az.: 2 U 161/12]

In 2008 the Higher Regional Court of Munich gave a similar verdict, but used „Störerhaftung“ as the reason for the liability.

[OLG Munich, verdict of 25.9.2008, Az.: 29U 3629/08]