Berlin Regional Court: Atty. Dr. Seyfert wins for his client an interim injunction against the publication of an untruthful allegation of rape (ref. 27 O 697/17)

Last year, we obtained around 35 interim injunctions for our clients. Applying for an interim injunction makes sense when an action by an opposing party needs to be stopped in a hurry. Provided that the pleading and prima facie evidence submitted to the court are convincing, courts regularly issue an interim injunction within 24 to 48 hours, which must be immediately complied with by the opposing party.

On December 21, 2017, we obtained an interim injunction from the Berlin Regional Court because the defendant had threatened our client with publishing that our client had raped her and that an investigation into sexual misconduct had therefore already taken place. Neither was true. Both parties had a consensual sexual relationship until the end of 2015, which our client had ended. Our client had never raped the defendant. Moreover, there was never a sexual misconduct investigation either. The allegedly aggrieved defendant had not even filed a criminal complaint. The defendant was only interested in massively and permanently damaging our client’s good reputation publicly through a false allegation in the press and media and by threatening our client with this beforehand.

The interim injunction came at exactly the right time to protect our client’s right of personality and integrity because the defendant had already prepared the press publication and must now refrain from doing so. In the event of a breach of the interim injunction, the defendant is immediately threatened with imprisonment.