As Müller and Gleisinger rightly point out in their article in LTO on July 8, 2025, Google may not only have committed an antitrust violation here, but also violated the DMA's prohibition of discrimination (Digital Markets Act - distortion of competition) and the DAS's transparency requirement (Digital Services Act). Last but not least, there is also a threat to media diversity on the internet. Although Google faces substantial fines, it is continuing with its reform unperturbed. The day may not be far off when links from third-party providers are no longer offered at all.
Facebook must delete profiles
A man had set up a Facebook profile from which he posted nothing but insults toward a woman. The woman demanded that Meta, the Facebook group, delete not only the individual posts, but also the source itself, the entire profile. Meta fought back, but without success. The Frankfurt Higher Regional Court (21.6.2025,16 U 58/24) ruled in favor of the woman: It recognized the claim for permanent deletion of the profiles and not just for temporary “taking them offline.” The claim could also have been based on Article 8 of the Digital Services Act, which has now come into force; according to this, the operator has no active duty to review, but must intervene if the infringement becomes known.
Frankfurt am Main Regional Court: Apple's Smart Watch not climate neutral
The phenomenon of greenwashing is becoming increasingly widespread, and now Apple is also advertising its new watch as climate neutral. Emissions are reduced to a minimum during production and transport, and the small remainder is offset by compensation projects. The German Environmental Aid Association, which filed a lawsuit against this, pointed out that the projects promoted by Apple (eucalyptus plantations in Paraguay) are anything but sustainable. An effect could only be achieved after several hundred years, while the eucalyptus trees would be cut down every 14 years and mainly burned. In its ruling of August 26, 2025 (3-06 O 8/24), the regional court ruled in favor of the environmentalists. European consumers are guided by the Paris Climate Agreement and expect a climate-neutral product to also deliver a sustainable result. In contrast, a decision by the Berlin Regional Court II (October 16, 2025, Ref. 52 O 53/25) caused amusement in the editorial office. FIFA actually had the audacity to advertise the last World Cup in Qatar as “climate-neutral” in fully air-conditioned stadiums in the middle of the desert. Fortunately, audacity does not always prevail.