Quote
Wingerter, E. (2026). Comment on the judgment of the BGH of 24.02.2026, KZR 51/22, Booking.com. Journal for Commercial Law, 1384-1385.
Content
In the event of an infringement of Section 19 (1), (2) nos. 1 and 2 ARC, it is sufficient for the claimant to be affected pursuant to Section 33
(1) and (3) ARC, it is sufficient that the conduct restricting competition is capable of directly or indirectly prejudicing the claimant. The element of solicitation within the meaning of Section 19 (2) No. 2 GWB is already fulfilled if a
corresponding offer is seriously made.