Regional Court in Cologne: Atty. Dr. Seyfert successfully represents a Korean company against a French company before the Regional Court in Cologne

Atty. Dr. Seyfert has recently represented a South Korean company in summary proceedings before the Regional Court in Cologne. The Regional Court of Cologne had issued an interim injunction against the South Korean company, without prior oral proceedings and without the South Korean company already having been represented by a lawyer, which prohibited the company from selling certain luxury products of the applicant to consumers by way of public home shopping in South Korea. The applicant is a well-known company based in France that manufactures these luxury products. Both parties had agreed on Cologne as the place of jurisdiction in their framework agreement.

Due to the injunction, the luxury products have been seized in South Korea. The South Korean company was threatened with damages amounting to several million Euros. In this situation, we were hired by the South Korean company. After reviewing the contractual documents and other correspondence in the business relationship, Atty. Dr. Seyfert decided to file an objection against the preliminary injunction of the Regional Court of Cologne. In our view, the injunction and the seizure of the luxury products in South Korea were unjustified.

Based on our opposition, we forced an oral hearing. We submitted numerous prima facie evidence to the Regional Court of Cologne, which gave credibility to our client’s authorization to distribute the applicant’s luxury products by way of public home shopping in South Korea. After intensively conducted proceedings, the Regional Court of Cologne ultimately judged in our favor and revoked the preliminary injunction it had issued. In addition to the release of the luxury products in favor of our client, the applicant also had to reimburse our client for all legal costs, among other things.