Dr. Julian Wernicke, in GRUR Prax 23/2025, discusses statements that violate personal rights in client relationships.

To what extent are statements that violate personal rights actionable in a client relationship? In a ruling, the Higher Regional Court of Dresden provided important clarifications regarding the assertion of possible injunctive relief claims.

The extent to which such statements are legally actionable is a recurring topic in case law. In a recent ruling dated 8 September 2025, the Dresden Higher Regional Court considered various statements made by a client to their lawyer, providing important clarifications regarding the assertion of possible injunctive relief claims.

In his article ‘Statements within the client relationship’ in GRUR Prax 23/2025, Julian Wernicke of BOEHMERT & BOEHMERT analyses the decision of the Dresden Higher Regional Court. This decision was based on a lawsuit filed by a lawyer who objected to statements made by her client during telephone calls and in a negative online review.

The court found that statements made in the context of a confidential conversation within a client relationship are privileged and cannot therefore be the subject of an injunction. Furthermore, the Dresden Higher Regional Court ruled that the plaintiff was not personally affected by the statements in question, since, despite her position as a partner, she is not identified with the law firm in a way that allows for direct personal attribution.

In his article, Julian Wernicke evaluates the ruling, emphasising that the privilege of confidential client consultations is integral to the legal profession. He also stresses that the question of personal involvement must be carefully examined if statements are not clearly directed at a specific person.

The full article is available in German to registered Beck Online users here.