German court restricts but allows some criticism in reputation management dispute
Case No. 22/2026
Services Related to Challenging Google Reviews Fall Under the Legal Services Act
If a company offers, as part of its services, to "take the necessary steps to report and challenge" Google reviews that violate guidelines, this constitutes a legal service under Germany's Legal Services Act (Rechtsdienstleistungsgesetz, RDG). If the company lacks the required authorization under the RDG, the defendant law firm may continue to claim that the service in question cannot lawfully be provided, the Higher Regional Court of Frankfurt am Main (Oberlandesgericht, OLG) ruled in a judgment published today.
The plaintiff, a company offering search engine optimization, search engine marketing, and web design, had sued the defendant law firm for an injunction against three statements made in an article on the firm's website criticizing the plaintiff's business practices.
The Regional Court (Landgericht) had ordered the defendant to refrain from claiming that the plaintiff "often offers services it cannot legally perform" while dismissing the plaintiff's other requests. On appeal, the 16th Civil Senate of the OLG modified the ruling, granting further injunctive relief but also holding that the defendant was not required to cease stating that the plaintiff "often offers services it cannot perform."
The Senate explained that this was a statement of fact. While it interfered with the plaintiff's corporate personality rights, the claim was not untrue. The plaintiff advertises, as part of its so-called reputation management services, that it will "take the necessary steps to report and challenge" Google reviews that violate the platform's policies. However, this activity qualifies as a regulated legal service under the RDG, which requires authorization for any activity involving the legal assessment of individual cases. Determining whether and how to remove negative reviews necessitates such an assessment. The plaintiff did not demonstrate that it holds the required RDG authorization.
The judgment is not yet final. An appeal for leave to file a further appeal (Nichtzulassungsbeschwerde) may still be lodged.
Higher Regional Court of Frankfurt am Main, Judgment of March 19, 2026 – Case No. 16 U 2/25(Preceding judgment: Regional Court of Frankfurt am Main, December 19, 2024 – Case No. 2-03 O 638/23)
